COPYRIGHTCOPYRIGHT

WHAT THE LAW SAYSWHAT THE LAW SAYS The law of Copyright protects “intellectual property” – the The law of Copyright protects “intellectual property” – the

product of a person’s skill, creativity or labour. product of a person’s skill, creativity or labour. It protects literary or artistic work – in sound, film, pictures It protects literary or artistic work – in sound, film, pictures

books, etc. The work must have some originality - and effort books, etc. The work must have some originality - and effort must have gone into it.must have gone into it.

There is no copyright in news, ideas or information – but there There is no copyright in news, ideas or information – but there may be in the story itself – how it’s presented involves some may be in the story itself – how it’s presented involves some skill and labour.skill and labour.

Copyright is owned by the contributor in material supplied to Copyright is owned by the contributor in material supplied to newspapers – but readers’ letters are assumed to have newspapers – but readers’ letters are assumed to have permission given.permission given.

Fixtures lists, TV listings, maps and drawings are protectedFixtures lists, TV listings, maps and drawings are protected

WHAT THE LAW SAYSWHAT THE LAW SAYS Speakers own the copyright to their spoken words as soon as Speakers own the copyright to their spoken words as soon as

they’re recorded – however Parliament and courts are exempt they’re recorded – however Parliament and courts are exempt from this.from this.

If a commercial photograph was taken before the Copyright Act If a commercial photograph was taken before the Copyright Act 1988 came into force, the copyright will be owned by the 1988 came into force, the copyright will be owned by the person who commissioned it. After that date the copyright is person who commissioned it. After that date the copyright is owned by the photographer or his employer.owned by the photographer or his employer.

A person who commissions a photo for private or domestic use A person who commissions a photo for private or domestic use is protected by a “moral right” – the right not to have it issued is protected by a “moral right” – the right not to have it issued to the public even if he/she doesn’t own the copyright.to the public even if he/she doesn’t own the copyright.

So borrowing a wedding photo of somebody in the news could So borrowing a wedding photo of somebody in the news could be a problem.be a problem.

Downloading and publishing a photo from a social networking Downloading and publishing a photo from a social networking site could infringe the copyright of the person who took it – site could infringe the copyright of the person who took it – even though it would appear to be in the public domain.even though it would appear to be in the public domain.

DEFENCES TO COPYRIGHTDEFENCES TO COPYRIGHT The defence of “fair dealing” means you can use a copyright The defence of “fair dealing” means you can use a copyright

work for reporting news and current affairs provided the work work for reporting news and current affairs provided the work has been made public and you include an acknowledgement. has been made public and you include an acknowledgement. This applies to written, audio or film but this does NOT include This applies to written, audio or film but this does NOT include photographs – even though they are regularly “lifted” by photographs – even though they are regularly “lifted” by newspapers.newspapers.

Photos are only exempt if they’re used as part of a review or Photos are only exempt if they’re used as part of a review or criticism.criticism.

The work must be available to the public to get the fair dealing The work must be available to the public to get the fair dealing defence and “no more than is necessary” should be used.defence and “no more than is necessary” should be used.

DEFENCES AND REMEDIESDEFENCES AND REMEDIES There is also a “public interest” defence but it’s a grey area and There is also a “public interest” defence but it’s a grey area and

would be useful only in very exceptional circumstances.would be useful only in very exceptional circumstances. If the owner of a copyright has encouraged or allowed If the owner of a copyright has encouraged or allowed

somebody else to make use of his/her work without complaint somebody else to make use of his/her work without complaint it could destroy a claim for infringement.it could destroy a claim for infringement.

The owner of a copyright can obtain a High Court injunction to The owner of a copyright can obtain a High Court injunction to stop somebody infringing it, can seek damages and can get an stop somebody infringing it, can seek damages and can get an order for the seizure of illegal copies. If there’s deliberate or order for the seizure of illegal copies. If there’s deliberate or reckless infringement, damages can be heavy. reckless infringement, damages can be heavy.

Breach of copyright can be a criminal offence – but this is Breach of copyright can be a criminal offence – but this is usually only used in matters of video piracy, etc.usually only used in matters of video piracy, etc.