The traditional areas copyright applies to are widely known by most people: photographs, TV, film, art, the written word, music, theatre, and the spoken word.
However many might be surprised to consider that copyright also extends into cyberspace and must always be considered in order to avoid inadvertent copyright infringement.
Anything available for copyright protection is also protected on the internet. For example, photographs or literary work uploaded to the internet will be protected as a photographic/literary work.
Before downloading, distributing or putting material on the internet that belongs to others you should ensure that you permission to do so, unless any of the exceptions apply (see below).
Computer programs and computer/video games are protected in the same way as literary works are.
Conversion of a program into or between computer languages and codes is equivalent to adapting a work. Storing any work in a computer amounts to copying the work. In addition, running a computer program or displaying work on a video display unit will usually involve copying and thus require the consent of the copyright owner.
A number of exceptions allow limited use of copyright works without the permission of the copyright owner. These uses are known as fair dealing; the main exceptions are as follows.
1. Non commercial research and private study – it is permitted to make single copies or take short extracts of works when used for not-for-profit research, private studying, for an educational course or for a hobby and only when using literary (written work), dramatic (theatre), music, artistic work (art, photographs, and so on) or the layout of a publication (the font size, font style, and so on).
2. Criticism or review, reporting current events – fair dealing in relation to criticising or reviewing and reporting current events is allowed for any type of copyright work (except a photograph) as long as it is with a sufficient acknowledgment. Photographs cannot be reproduced for the purpose of reporting current events in order to prevent newspapers or magazines reproducing competitor’s photographs.
3. Teaching in educational institutions – the fair dealing exceptions in this category include copying a literary, dramatic, musical or artistic work in the course of teaching as long as a fax machine, photocopier or any device which makes multiple copies is not used (it would be acceptable for a teacher to write material on a chalkboard and for students to take their own notes); anything done for setting or answering examination questions (not including photocopying music to be performed in an exam).
4. Not for profit playing of music - Generally, playing music or a sound recording in public requires a licence from the copyright owner or owners. However, the following activities fall within the scope of certain exceptions to copyright: playing sound recordings for the benefit of a not-for-profit club, society or other organisation having charitable purposes as its main objective, or for religion, education or social welfare; playing broadcasts that include sound recordings in a public place where the public have not paid for admission and the playing forms part of the activities of a not-for-profit organisation or it is necessary for the purposes of demonstrating or repairing televisions and radios.
5. Helping visually impaired people - The exception covers you if you are visually impaired, blind or partially sighted, have a physical disability such as arthritis, meaning that you cannot hold a book, cannot focus or move your eyes. It allows you to make a copy of a lawfully obtained copyright work if you make it into a format that helps you read the material.
6. Time shifting - A recording of a broadcast can be made in domestic premises for private and domestic use to enable it to be viewed or listened to at a more convenient time.
7. Sufficient acknowledgment link - Acknowledgment is not required when used for reporting of current events by means of sound recording, film, broadcast or cable programme.
Please contact Lawdit Solicitors for more information on copyright protection. Discounted legal agreements for Freelance Alliance members here.
Article by Waheedan Jariwalla, a solicitor and a US attorney who specialises in intellectual property law, particularly trade marks and copyright.
Jun 18, 2008
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