Any work that is produced by an individual belongs to that person, unless it is sold/licensed to someone else to use. This can be in the form of physical property and intellectual property (ideas).
The idea of 'Fair dealing' allows us to use copyrighted material without paying for it, but rules apply as follows;
- the clips must be SHORT.
- the source must me CREDITIED.
- the AVAILABILITY of the content must be mentioned.
There is another tool which allows copyrighted content to be available without cost, this is called 'Creative commons' This lifts the copyright so anyone can use it but whoever created it can place conditions for use, eg, the creators name must be noted where the photograph is used. Photos under 'creative commons' are search able on websites such as 'Flickr', although using images from Google makes life easier, taking the extra time on Flickr could save you getting into trouble with the law. Or ultimately, to lose any risk, create your own photos and film footage instead of stealing others'.
What is protected by copyright?
Copyright is a branch of intellectual property law and products of peoples skill, creativity, labour or time. Under the designs and patents act 1988, copyright protects literary, dramatic, artistic or musical work, sound recording, film, broadcast or typographical arrangement. Artisic work includes photographs and graphics.
Copyright does not have to be registered, reproduction of a substantial part of copyright work may constitute infringement. But It can depend on the importance of the work copied and the quality. However for work to be protected by copyright it must satisfy the test if originality.
Material from contributors: copyright in material supplied to news papers by outside contirbutors, whether paid or not, will usually be owned by the contributor.
Results and listings: sporting or trade association may make material available for free, but it is still under copyright of the association and can be withdrawn whenever, make a charge or prevent another journal from copying it.
TV images: publication if television images without permission is an infringement under section 17 of the copyright act.
Copyright in speeches: there is copyright in spoken words, even if they are not scripted, as soon as they are recorded, with or without permission. The speaker as the author of a literary work owns the copyright of their words, unless they are speaking in the course of his or her employment. under section 58, it is not infringement to use the record of the words for reporting current events, subject to four conditions:
- The record is a direct record and not taken from a previous record or broadcast.
- The speaker did not prohibit the making of the record and it did not infringe and existing copyright.
- The use being made of the record, or material taken from it, was not of a kind prohibited by the speaker or copyright owner before the record was made.
- The use being made of the record is with the authority of the person who is lawfully in possession of it.
It is possible that limited use of a speakers words might be covered by fair dealings. Surreptitious recording of speakers words is not a breach of copyright. Once words have been recorded they become copyrighted and owned by the speaker. In many cases there is copyright in the recording because of the skill involved in making it. Copyright in speakers words is not infringed parliament or judicial proceedings.
Crown Copyright:
work produced by civil servants is protected by crown copyright, which had been used in court to prevent publication of material and threaten former public servants with action for revealing matters concerning their employment.
Defense of fair dealing:
fair dealing with copyright work for repoting current events is not an infringement if it is acknowledged sufficiently and its author, provided the work has been made public.
Criticism and review: Copyright work will not be infringed id used for a purpose if criticism and review, even photographs, under fair dealing. So long as there is sufficient acknowledgment and to the work being made available to the public.
Remedies for breach of copyright:
Civil action - owner of copyright can obtain an injunction in the high court or county court to retain a person from infringing his copyright, as well as seeking damages and an order for possession of infringing copies of the work and material used in the infringement.
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