Copyright On The Net - Summary
What is Copyright?
Copyright is a right to stop others from copying and
otherwise exploiting original works (or parts of
them) without the consent of the owner. Copyright may
subsist in, for example original text, computer programs,
music files, video clips, web page layout and design, digital
and physical products supplied by e-business, software or
packaging, in addition to artistic works, films and sound
recordings.
How does Copyright arise?
Copyright arises automatically, without any requirement for
registration, in original works.
UK copyright owners are
afforded international protection in countries that are
signatories to the Berne Convention (originally signed in
1886) and by the international treaties such as the WIPO
Copyright Treaty of 1996 and the Universal Copyright
Convention.
Authorship and Ownership
Authorship and ownership are distinct concepts. The
author of a work is usually the first owner of any copyright
in it. However, where a literary, dramatic, musical or
artistic work is made by an employee in the course of his
employment it is the employer that is the first owner of the
copyright, unless otherwise agreed.
Duration of Copyright
Literary, dramatic, musical and artistic works are
protected for 70 years from the end of the calendar year in
which the author died.
Infringement
(a) Primary
Infringement
The acts restricted by
copyright include: copying a protected work; issuing, renting
or lending copies of a work to the public; and broadcasting or
showing a work in public or adapting a work.
(b) Secondary
Infringement
The acts of secondary
infringement generally relate to commercial dealings with
infringing copies of copyright works. They include importing,
possessing, supplying or providing the means for making
infringing copies.
Defences
There are a number of
defences available e.g. the work is used for research or
private study criticism, review and news reporting There
are also a number of software specific permitted acts, such as
de-compiling and making back-up copies.
Moral rights
Moral rights vest in the author. They may not be
transferred but will pass under the author's estate and can be
waived (at least in the UK).
Databases
Databases can be protected by copyright protection or the
database can have the lesser protection of the "database
right" where there is a substantial investment either in
quality or quantity in the obtaining and verifying or
presenting of the data.
© Davenport
Lyons 2003 All rights reserved
This document reflects the law and practice as at
May 2002. It is general in nature, and does
not purport in any way to be
comprehensive or a substitute for specialist legal
advice in individual circumstances.
 Click here to download a copy of the
full guidelines in PDF format
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