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Ownership and issues regarding copyright works created at home—checklist

Ownership and issues regarding copyright works created at home—checklist Employees and contractors are increasingly working more from home. This has resulted in an increase in content being created at home and posted or shared online, for example by teachers to share with their pupils via video communications. When content is created at home in these circumstances, the ownership of IP rights, use of third-party material and infringement of third-party rights should be considered. For further information on issues raised by this Checklist, see Practice Notes: • Copyright—protectable works • Copyright—authorship and ownership • Copyright & associated rights—overview • Copyright infringement • Copyright—secondary infringement • Copyright infringement—remedies • Copyright—permitted acts and defences • Joint ownership of intellectual property rights The third column can be used to record observations or comments as the Checklist is worked through. Checklist Further information Notes (if any) Copyright origination ☐ Identify the copyright work. Copyright is an unregistered right—it comes into being automatically on the creation of a qualifying work.The main categories of ‘work’ are:—literary,...

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Copyright—permitted acts and defences

Copyright—permitted acts and defences There are a number of specific exceptions to copyright infringement, the majority of which are laid down by the Copyright, Designs and Patents Act 1988 (CDPA 1988). These are known as permitted acts. The permitted acts which apply to copyright are numerous with many also applying to protected rights in databases. If other causes of action apply such as a claim for breach of confidence then the permitted act exception will not extend to the breach of confidence claim. Permitted acts can be relied on for criminal offences as well as in civil proceedings. The aim of having permitted acts is to allow, if certain conditions are met, public interest to overrule the private interests of the copyright owner. The Berne Convention for the Protection of Literary and Artistic Works (the Berne Convention) is an international agreement that provides for copyright exceptions to the reproduction right in certain special cases. Article 9 of the Berne Convention provides the so called Berne three-step test: ‘It shall...

Doing business in: Canada

Doing business in: Canada Updated in October 2024 Introduction Canada boasts a stable, predictable, and diversified economy. It has the world’s tenth largest economy, one of the world’s soundest banking systems, and has been ranked at number one in the world for financial strength. In the last ten years, the Canadian economy has experienced a rapid growth rate, creating a well-positioned economic environment characterised by the lowest net debt-to-GDP ratio and the most favourable business tax treatment in the G-7. With competitive advantages such as fast, reliable and ready access to a massive North American market facilitated by the North American Free Trade Agreement (NAFTA), low business cost and corporate taxes, and a highly-skilled and educated workforce, Canada’s economy consistently outperforms those of most other industrialised countries. There are a variety of ways of structuring business operations in Canada. The aim of this guide is to highlight some of the key areas that a new business should consider before it begins to operate in Canada. This guide should not...

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Freedom of information—letter providing all the information requested [Archived]

Freedom of information—letter providing all the information requested [Archived] ARCHIVED: This Precedent has been archived and is not maintained. [Name] [Address] Ref No: [number] [Date] Dear [applicant's name] Thank you for your [letter OR email OR fax OR of [date of letter/email/fax from applicant] requesting information about [insert details]. The information you requested is enclosed. OR [If you have been unable to provide it in the format requested by the applicant because it was ‘unreasonable to do so’ then you should state why.] OR As you have asked to view the records in which the information is contained, and we are content to let you do so, please telephone me to make the necessary arrangements.] [The supply of information in response to a freedom of information request does not confer an automatic right to re-use the information. Under UK copyright law you can use any information supplied for the purposes of private study and non-commercial research without requiring permission. Similarly, information supplied can also be...

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In circumstances where a licensor has granted an exclusive licence of the copyright in a work to a licensee, can the licensor rely on the fair dealing exemption pursuant to the Copyright, Designs and Patents Act 1988 as an exclusion from infringement if it uses the work itself?

In circumstances where a licensor has granted an exclusive licence of the copyright in a work to a licensee, can the licensor rely on the fair dealing exemption pursuant to the Copyright, Designs and Patents Act 1988 as an exclusion from infringement if it uses the work itself? A licence is permission to do an otherwise unlawful act. A licence can be exclusive, sole or non-exclusive. It need not be in writing unless it is an exclusive licence, see Practice Note: Licensing intellectual property rights. There are a number of specific exceptions to copyright infringement, the majority of which are laid down by the Copyright, Designs and Patents Act 1988 (CDPA 1988). These are known as permitted acts. CDPA 1988 provides for exceptions to copyright protection in respect of fair dealing with copyright works when they are used for certain stated purposes, such as private study and research, for quotation purposes or for criticism and review. For details of the various permitted acts that come under the...

How do I approach using photographs sourced from the Internet?

How do I approach using photographs sourced from the Internet? Copyright in photographs The Internet may be perceived as an extensive free photo bank to most lay users but permission is usually required to use a photo obtained on line. Most original photographs qualify for copyright protection as artistic works. Photographs that qualify for protection are usually those where individual choices have been made on visual effects or composition: just pushing the button might not do it (but it might if you are in 'the right place at the right time'). For more information on whether copyright subsists in a photograph, see Practice Notes: The scope of photographic copyright and Copyright—subsistence and qualification. Find the owner If you see a photograph in a hard copy publication you should contact the publisher in order to check the status of the photograph and as a starting point for licensing its use. For users who find photographs (digital images) online, for example on social networking sites such as Google+, Flickr, Facebook and Twitter,...

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IP weekly highlights—6 July 2017

This week’s edition of IP highlights has an intellectual property disputes flavour to it. It includes analysis of two cases concerning Sir Cliff Richard and the BBC, one involving observations about the incurred costs of the claimant and the other the statement to be read out in open court. Other highlights include a case in which an application to transfer a claim to the Chancery Division from the IPEC was refused (77 Ltd v Ordnance Survey), and details of business guidance related to the Intellectual Property (Unjustified Threats) Act 2017 which has been issued by the Intellectual Property Office.

Applying the public lending right to e-books

IP & IT analysis: What conclusions did Advocate General Maciej Szpunar come to in this Dutch reference for a preliminary ruling on whether e-books should be treated in the same way as hard copy books when it comes to public lending?