2.3. Summary of the law It is necessary to give a brief outline of some of the more relevant points in the UK Copyright, Designs and Patents Act 1988 concerning copyright and digitising audio. The law can be seen in both a positive and negative light. Positively, it aims to encourage the creation of works by giving support and protection for individual effort; negatively, it exists to prevent others from using your efforts for their benefit without proper recompense or acknowledgement. 2.3.1. What is copyright? Copyright is an Intellectual Property (IP) right given to the creators of works that are: original and
recorded in writing or otherwise. Copyright protects nine different categories of work: literary, dramatic, artistic, musical, sound recordings, films, broadcasts, cable programmes and typographical arrangements of published editions. As long as a work is stored electronically or otherwise, or is expressed in some sort of physical or fixed format (there is no copyright in an idea), and as long as some original effort has gone into it, then the work automatically holds copyright in the UK. In some countries (the US for example) it is necessary to register your work with a copyright body; this is not the case in the UK. In America it is also necessary to put the copyright symbol (©), your name and the date on your works to have them acknowledged and under copyright. Using the copyright symbol, name and date is also a requirement of the UCC treaty, and although it is not a requirement in the UK, it is a good idea to use this format for new works. 2.3.2. Who owns it? Intellectual property, as with all other types of property, has an owner. The copyright owner is normally the author/creator of the work. If the work has two owners, then each have separate and independent ownership in the copyright work. In some cases (when a work is created in the course of employment, for example) the copyright is held by the employer rather than the creator, although freelancers do hold copyright in their work. In other cases (sound recordings, films or computer-generated works for example) the owner is the 'person by whom the arrangements necessary for the making of the recording are undertaken'. Also, as with ownership of other types of property, the copyright owner can transfer or assign ownership to another party: it can be inherited, or sold to a publisher for example. The copyright owner can license the use of all, or parts, of their rights in the work for any duration wished. This is the basis for most copyright contracts: monetary recompense for use of the copyright material. With advances in technology and the prominence of IP rights on the internet, it is generally best not to grant unlimited licenses or assignments. 2.3.3. How long does it last? The duration of copyright differs depending on the type of work that the intellectual property relates to. Copyright exists for: 70 years in literary, artistic, dramatic and musical works
50 years in computer generated works, sound recordings and films
25 years in typographical arrangements This duration starts from either: the end of the calendar year of the death of the author (or the last of the authors if it is a jointly authored work) or
the end of the calendar year that the work was first made available to or first shown to the public: for example the year when the edition was published, the broadcast was made, or the film screened, whichever is later. So, if an author dies on the first of January 1929, the remaining 70 years of copyright will start from the first of January 1930 (i.e. after the end of 1929): copyright will expire on the first of January 2000 and the work will then be in the 'public domain'. 2.3.4. What is 'infringement'? It is an infringement of copyright to do the following in relation to a work under copyright, whether in whole, part, directly or indirectly: copy (i.e. reproduce in any material form, including storing by electrical means)
issue copies to the public
perform in public
show in public
play in public
broadcast
include in a cable programme
make an adaptation (recorded in writing or otherwise)
any of the above in relation to an adaptation
allow others to do these things by granting them a licence/authorising/providing the material for them to do so
earn money from any of the above without the permission of the copyright holder Infringements of copyright are civil, and sometimes criminal, offences. They are normally settled in a Court of Law, and repercussions for infringing copyright are normally monetary recompense, cessation of the infringing act, and reclaiming or destroying offending items. Some infringements do incur prison sentences, especially concerning piracy of CDs and computer programmes. As the prominence of IP rights, and copyright in particular, are being pushed into the foreground by advances in technology, there is a parallel increase in court cases and settlements for infringement. It is not a matter to be taken lightly. 2.3.5. What about 'Fair Dealing'? There are certain caveats allowing limited use of copyright works for specific purposes. One of the most well-known of these is 'Fair Dealing'. Fair dealing allows the use of short extracts from a work, as long as they are not the 'essence' of the work and as long as they are accompanied by 'sufficient' acknowledgement. They may be used for: research or private study of artistic, literary, dramatic, musical works and typographical arrangements
criticism or review
reporting current events (but this does not apply to photographs)
instruction or preparation for instruction, or for purposes of an exam so long as it is:
done by the person giving or receiving instruction, and
not done by means of reprographic process - especially concerning use of music by an examination candidate performing the work. 2.3.6. What about 'Moral Rights'? In addition to the above, the copyright owner has other rights which should be taken into account. Possibly the most important of these is Moral Right. The Moral Right means that each author (or co-author) has an independent and individual right to: paternity
The right to be identified as the author, director, or performer of the work
integrity
The right to object to derogatory treatment of the work. 'Derogatory treatment' means any addition to, deletion from, alteration to, or adaptation of the work which causes distortion, mutilation or anything 'prejudicial to the honour or reputation of the author or director'
false attribution
The right to object to a 'statement express or implied as to who is the author / director', made by anyone involved 'knowing or having reason to believe that the attribution is false'
privacy of certain photographs and films Moral rights can be waived or given up by the copyright owner if desired - conditionally or unconditionally for any specified length of time. But, unlike copyright, it is not possible for an individual to assign their moral rights to another individual. This is by no means a comprehensive guide to the law, and it is recommended that for more information on exactly what the law says you should consult the UK Copyright, Designs and Patents Act 1988. There are also various websites summarising the law, and there is an online version of the UK Act (and those of numerous other countries) available in the Collection of Laws for Electronic Access provided by the World Intellectual Property Organisation (WIPO): http://clea.wipo.int.
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