Copyright - the basics.

the_saint · 22-03-09, 04:43 PM

If anyone thinks this should be moved somewhere more appropriate then go for it.

What is a copyright work?
Only certain things can be a copyright work, they are:-

Original Literary, Dramatic, Musical(definitions here ), or Artistic works Definition
Sound Recordings, films, or broadcasts
The typographical arrangement of published editions (basically the layout of a newspaper)

If something does not come under one of these it will not be a copyright work. So as an example an invention is not a copyright work (you protect it by a patent or, if you prefer, the law of confidence), but the report describing it, or the blueprints, will be.

Note the use of the word in bold. It has to be an original work you will not have a copyright work if you copied a work completely, or if you copied it and changed it a bit.

So for example if you take a picture of a PS3 from the internet and flip it horizontally, change the background, and add “free PS3” to it it will not be a new copyright work. In fact you will have infringed someone else’s copyright. There are examples where you will have a new copyright work if you change it a lot but it get’s complicated so let’s no go there here.

Requirements before copyright arises
For the one’s in the first bullet point above copyright won’t arise until you record it in some way. For website coding and content that isn’t an issue really, but an example of where it might be an issue is if you have a song but just keep the music or words in your head. It won’t be a copyright work until you record it.

Once you do this copyright will automatically arise. No need to apply for it (you can register it in the US, but not here) or pay for it. In English law you do not even have to put a copyright symbol on it, but it is always advisable to do so as well as state you created it for a number of reasons I won’t go into.

Who owns the copyright?
The author – i.e the person who created it – unless it was made by an employee in the course of business (employer will own it then).

Important point to note is that if you ask or pay someone to create a website and/or content or pictures they will own the copyright as they created it. Depending on your input you could argue you are joint authors but that is very messy. If you get someone to create a website etc. you need an assignment of copyright, which must be written (they can’t just say “OK, I assign copyright to you”).

Acts restricted by copyright
Basically for websites the most relevant one is copying, but the full list and definitions are here.

When looking at whether something has been copied or not there are no objective criteria as such. It is a matter of degree. You don’t say “well you copied 75% of it so you have infringed copyright”, or “well you only copied 10% of it so you have not infringed copyright. If only it were that simple!

The case establishing this is called Designer’s Guild but I can’t remember the other side. It basically said that you don’t look at how much or how little has been copied, you look at whether the major part that makes up the “essence” of the work has been copied – however much or little of the work that “essence” actually makes up. That’s the simplest way I can think of to describe it. The way the judge sets it out is quite confusing and very long, but that is how I explain to myself if my head.

So for example the Chain by Fleetwood Mac has a very distinctive bass riff repeated over in the intro (the theme to BBC’s F1 coverage) but that is a (relatively) small part of the whole song. However it is the most memorable and distinctive part so copying just one bar of that would almost definitely still be a breach of copyright in the song (or the musical work if i’m using correct terminology).

Defences?
Every one quotes the Fair Dealing, see here and here for these.

You can copy for private study and research, so maybe photocopying a journal article so you can research an essay. You can also copy for news reporting or review, or criticism etc. So for example you could reproduce some song lyrics in an article you are writing reviewing a song and that would be OK.

There’s loads of examples where the look at whether what you are doing is actually one of the above, or if you’re just saying it is. So if a you wanted to reproduce all the lyrics for a song on a website so that you will get views from people who want the lyrics and you try to take advantage of the above by writing a review just saying “these are really good”, the courts will look at what your real reason was if you trying to plead a Fair Dealing defence.

Basically I can’t see that anyone will be able to genuinely use either of these in respect of a freebie website

There are other defences but they are pretty obscure and I can’t see how they would apply to copying someone’s sight, though if someone thinks otherwise I’ll be happy to listen.

How long does copyright last for?
The life of the author plus 70 years starting from the end of the calendar year they died. Or at least for the types of work relating to freebie websites. Other dates apply for different works and different uses of them, but it would take forever to set that out and it doesn’t really matter in this context, i’m just putting it up for completeness.

OK, that’s just a summary of the law of Copyright as there are lot’s of posts on giving the wrong position so I thought I would just give the basics. Obviously different issues not covered above will arise in different circumstances so bear that in mind.

Also, please note this is just advice on the law – not on whether or not you should pursue any legal or other action in respect of a potential infringement.

If you want more I would recommend you look at these common questions . Please note that this site is run by a commercial enterprise. The information they give is correct about the law, but they provide effectively an escrow service so bear that in mind when you read their sales puff. It is also slightly misleading with regards to registration etc. so bear that in mind too.

This isn’t a Q and A thread, but if anything important comes up i’ll try to answer it.

mcgrou · 22-03-09, 04:53 PM

Good post. Another one to stick in your signature

Djoscar · 22-03-09, 06:21 PM

Saint, you misspelled copyright in your sig

Nice post by the way

Lil Romeo · 24-03-09, 06:46 PM

Nice topic mate. Keep it up.

rhysjones_1 · 24-03-09, 07:36 PM

I can't waiit to be a lawyer

the_saint · 24-03-09, 07:49 PM

Quote:

Originally Posted by rhysjones_1

I can't waiit to be a lawyer

It's not that great!!

rhysjones_1 · 25-03-09, 03:05 PM

Yeahh but I take it your not a barrister ?
My lawyer has a porshe

Practically the reason i wana be one
that and the fact that i'm going to be payed to argue

22-03-09, 04:43 PM	#1
the_saint Has a cold. Again. Join Date: Jan 2007 Location: Manchester Posts: 5,370 Thanks: 696 Thanked 1,087 Times in 773 Posts	Copyright - the basics. If anyone thinks this should be moved somewhere more appropriate then go for it. What is a copyright work? Only certain things can be a copyright work, they are:- Original Literary, Dramatic, Musical(definitions here ), or Artistic works Definition Sound Recordings, films, or broadcasts The typographical arrangement of published editions (basically the layout of a newspaper) If something does not come under one of these it will not be a copyright work. So as an example an invention is not a copyright work (you protect it by a patent or, if you prefer, the law of confidence), but the report describing it, or the blueprints, will be. Note the use of the word in bold. It has to be an original work you will not have a copyright work if you copied a work completely, or if you copied it and changed it a bit. So for example if you take a picture of a PS3 from the internet and flip it horizontally, change the background, and add “free PS3” to it it will not be a new copyright work. In fact you will have infringed someone else’s copyright. There are examples where you will have a new copyright work if you change it a lot but it get’s complicated so let’s no go there here. Requirements before copyright arises For the one’s in the first bullet point above copyright won’t arise until you record it in some way. For website coding and content that isn’t an issue really, but an example of where it might be an issue is if you have a song but just keep the music or words in your head. It won’t be a copyright work until you record it. Once you do this copyright will automatically arise. No need to apply for it (you can register it in the US, but not here) or pay for it. In English law you do not even have to put a copyright symbol on it, but it is always advisable to do so as well as state you created it for a number of reasons I won’t go into. Who owns the copyright? The author – i.e the person who created it – unless it was made by an employee in the course of business (employer will own it then). Important point to note is that if you ask or pay someone to create a website and/or content or pictures they will own the copyright as they created it. Depending on your input you could argue you are joint authors but that is very messy. If you get someone to create a website etc. you need an assignment of copyright, which must be written (they can’t just say “OK, I assign copyright to you”). Acts restricted by copyright Basically for websites the most relevant one is copying, but the full list and definitions are here. When looking at whether something has been copied or not there are no objective criteria as such. It is a matter of degree. You don’t say “well you copied 75% of it so you have infringed copyright”, or “well you only copied 10% of it so you have not infringed copyright. If only it were that simple! The case establishing this is called Designer’s Guild but I can’t remember the other side. It basically said that you don’t look at how much or how little has been copied, you look at whether the major part that makes up the “essence” of the work has been copied – however much or little of the work that “essence” actually makes up. That’s the simplest way I can think of to describe it. The way the judge sets it out is quite confusing and very long, but that is how I explain to myself if my head. So for example the Chain by Fleetwood Mac has a very distinctive bass riff repeated over in the intro (the theme to BBC’s F1 coverage) but that is a (relatively) small part of the whole song. However it is the most memorable and distinctive part so copying just one bar of that would almost definitely still be a breach of copyright in the song (or the musical work if i’m using correct terminology). Defences? Every one quotes the Fair Dealing, see here and here for these. You can copy for private study and research, so maybe photocopying a journal article so you can research an essay. You can also copy for news reporting or review, or criticism etc. So for example you could reproduce some song lyrics in an article you are writing reviewing a song and that would be OK. There’s loads of examples where the look at whether what you are doing is actually one of the above, or if you’re just saying it is. So if a you wanted to reproduce all the lyrics for a song on a website so that you will get views from people who want the lyrics and you try to take advantage of the above by writing a review just saying “these are really good”, the courts will look at what your real reason was if you trying to plead a Fair Dealing defence. Basically I can’t see that anyone will be able to genuinely use either of these in respect of a freebie website There are other defences but they are pretty obscure and I can’t see how they would apply to copying someone’s sight, though if someone thinks otherwise I’ll be happy to listen. How long does copyright last for? The life of the author plus 70 years starting from the end of the calendar year they died. Or at least for the types of work relating to freebie websites. Other dates apply for different works and different uses of them, but it would take forever to set that out and it doesn’t really matter in this context, i’m just putting it up for completeness. OK, that’s just a summary of the law of Copyright as there are lot’s of posts on giving the wrong position so I thought I would just give the basics. Obviously different issues not covered above will arise in different circumstances so bear that in mind. Also, please note this is just advice on the law – not on whether or not you should pursue any legal or other action in respect of a potential infringement. If you want more I would recommend you look at these common questions . Please note that this site is run by a commercial enterprise. The information they give is correct about the law, but they provide effectively an escrow service so bear that in mind when you read their sales puff. It is also slightly misleading with regards to registration etc. so bear that in mind too. This isn’t a Q and A thread, but if anything important comes up i’ll try to answer it. __________________ My sites: Free iphone 4U, Gadget 4 Free Useful Threads:Website Building Resources, Template Emails, Copyright - the basics free lg g910 watch phone
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22-03-09, 04:53 PM	#2
mcgrou I wanna be the guy Join Date: Jul 2008 Location: Swindon Posts: 4,462 Thanks: 1,405 Thanked 1,357 Times in 985 Posts	Good post. Another one to stick in your signature __________________ free apple \| free wii \| text flipper \| free gifts Graphic design is the swatches palette.
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22-03-09, 06:21 PM	#3
Djoscar iBook Join Date: Jan 2009 Location: Location Posts: 2,848 Thanks: 1,675 Thanked 1,280 Times in 935 Posts	Saint, you misspelled copyright in your sig Nice post by the way __________________ Free iPad
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24-03-09, 06:46 PM	#4
Lil Romeo iPod Nano 2GB Join Date: Jan 2009 Posts: 134 Thanks: 44 Thanked 26 Times in 24 Posts	Nice topic mate. Keep it up.
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24-03-09, 07:36 PM	#5
rhysjones_1 BANNED Join Date: Jun 2008 Location: South wales Posts: 2,734 Thanks: 366 Thanked 232 Times in 203 Posts	I can't waiit to be a lawyer
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25-03-09, 03:05 PM	#7
rhysjones_1 BANNED Join Date: Jun 2008 Location: South wales Posts: 2,734 Thanks: 366 Thanked 232 Times in 203 Posts	Yeahh but I take it your not a barrister ? My lawyer has a porshe Practically the reason i wana be one that and the fact that i'm going to be payed to argue
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