Book contents
- Frontmatter
- Contents
- List of figures and tables
- Acknowledgements
- Preface
- Key points
- 1 What is copyright?
- 2 Copyright protection
- 3 Ownership
- 4 Publication, exhibition and performance
- 5 Use
- 6 Copyright in the electronic environment
- 7 Special cases
- 8 Other intellectual property rights
- 9 Appendix
- 10 Bibliography
- 11 Authorities
- Index
Key points
Published online by Cambridge University Press: 22 February 2020
- Frontmatter
- Contents
- List of figures and tables
- Acknowledgements
- Preface
- Key points
- 1 What is copyright?
- 2 Copyright protection
- 3 Ownership
- 4 Publication, exhibition and performance
- 5 Use
- 6 Copyright in the electronic environment
- 7 Special cases
- 8 Other intellectual property rights
- 9 Appendix
- 10 Bibliography
- 11 Authorities
- Index
Summary
There are some points about copyright which it might be helpful to set out in advance, though they are also covered in detail later in this book. Some of these points answer com -mon, elementary questions about copyright, so it is worth studying them carefully first:
• Copyright arises automatically. A work is in copyright as soon as it is created and no registration or formality is required, though an assertion of one of the moral rights is necessary (see 1.1.5, 8.1.5).
• Copyright protects works. These can be ‘authorial works’, which are original (see 1.1.6), works of the mind (literary, dramatic, musical and artistic works, and films as ‘cinematographic’ or audiovisual works), or ‘entrepreneurial works’ (films as recordings, sound recordings, broadcasts and typographical arrangements of published editions) (see 1.1.4). Some items consist of multiple works: an archival file rarely contains just one work (see 2.1.2, 7.9.1), a book has a typographical arrangement (see 2.6.15) and might have illustrations (see 2.1.2), and a film has a screenplay, music and the recording itself (see 2.4.2, 2.4.6). Copyright does not protect ideas or facts (see 2.1.4–5). There are also separate but related rights, such as moral rights, database right and performers’ rights (see 1.1.3, 8.1, 8.2, 8.5).
• Originality. Literary, dramatic, musical and artistic works must be original, intellectual creations of the author (see 2.1.6), but there is no requirement of quality whether literary, artistic or otherwise. The copying of an authorial work does not usually create a new work (see 2.1.7–11), and the copying of most entrepreneurial works expressly cannot do so (see 2.1.13–15), but the making of the copy might infringe (see 2.1.12).
• Owner. The first owner of copyright in an authorial work is usually the author, the creator (see 2.1.17–18, 3.2.1), but if the author of an authorial work is an employee who creates the work in the course of employment, the first owner of the copyright is the employer, whether an individual, a company or some other organisation (see 3.2.12–16).The first owner of copyright in an entrepreneurial work is the person or body that made the necessary arrangements, managerial or financial, depending on the nature of the work (see 1.1.6, 2.4.4, 2.5.4–5, 2.6.7–9, 2.6.12, 2.6.16, 8.2.8).
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- Information
- Copyright for Archivists and Records Managers , pp. xix - xxiiPublisher: FacetPrint publication year: 2019