When is it OK to reuse other people's photos or other content?

Liverpool, 11 Oct 2017

Jane Lambert4-5 Gray's Inn Square

Lonfon WC1E 5AH

Topics to be discussed1. What is copyright?2. Copyright works3. How copyright arises4. What rights are conferred on a copyright owner?5. Term6. How copyright can be infringed7. Consequences of infringement8. Exceptions9. Licences

10. Enforcement

What is copyright?“Copyright is a property right which subsists in accordance with this Part in the following descriptions of work—

(a) original literary, dramatic, musical or artistic works,(b) sound recordings, films or broadcasts, and(c) the typographical arrangement of published editions.”

S. 1 (1) Copyright, Designs and Patents Act 1988 (“CDPA”)

What is a copyright work?S. 1 (2) CDPA provides:

“In this Part “copyright work” means a work of any of those descriptions in which copyright subsists.”

What is an artistic work?S. 4 (1) CDPA provides:

“In this Part “artistic work” means—

(a) a graphic work, photograph, sculpture or collage, irrespective of artistic quality,

…………………………..”

What is a photograph?S. 4 (2) (b) CDPA defines photograph as:

“ ….. a recording of light or other radiation on any medium on which an image is produced or from which an image may by any means be produced, and which is not part of a film”

How does copyright arise?Some kinds of intellectual property have to be registered with a national or regional intellectual property office:

● Patents for inventions● Trade marks for signs capable of distinguishing one business’ products or

services from all others● Registered and registered Community designs● Plan varieties

How does copyright arise?In some countries such as the USA and India there are registries known as Copyright Offices where copyrights have to be registered before proceedings can be brought or, in some countries, before copyright can subsist.

How does copyright arise?In some countries such as the USA and India there are registries known as Copyright Offices where copyrights have to be registered before proceedings can be brought or, in some countries, before copyright can subsist.

Registration is not required in the UK.

How does copyright arise?Requirements for copyright to come into being:

● Creation of a work in which copyright can subsist such as a photograph;● The person who created the work (“the author”) must be a UK national or

resident or a national or resident of another country with which we have treaty arrangements which is pretty much the entire world;

● The work must be original.

How does copyright arise?Requirements for copyright to come into being:

● Creation of a work in which copyright can subsist such as a photograph;● The person who created the work (“the author”) must be a UK national or

resident or a national or resident of another country with which we have treaty arrangements which is pretty much the entire world;

● The work must be original.

What rights are conferred on a copyright owner?S.16 (1) CDPA confers the following exclusive rights on copyright owners

(a) to copy the work (see section 17);

(b) to issue copies of the work to the public (see section 18);

(ba) to rent or lend the work to the public (see section 18A);

(c) to perform, show or play the work in public (see section 19);

(d) to communicate the work to the public (see section 20);

(e) to make an adaptation of the work (see section 21).

Term of CopyrightS.12 (2) of CDPA provides:

“Copyright expires at the end of the period of 70 years from the end of the calendar year in which the author dies”, [with a number of exceptions]

Infringement of CopyrightCopyright can be infringed in two ways:

● Primary infringement: doing or authorizing any of the acts that are restricted by copyright; or

● Secondary Infringement: importing, possessing, selling, letting out on hire, offering or exposing for sale or hire, exhibiting in public or distributing an infringing copy knowing or having reason to believe it

● to be such.

Consequences of InfringementInfringement can be an offence:

S.107 (4) provides that a person who makes for sale or hire, imports into the UK, markets or distributes an article which is, and which he knows or has reason to believe to be, an infringing copy can be imprisoned for up to 10 years if convicted by the Crown Court. 6 months by the magistrates court, fined or both.

Consequences of InfringementIt is also a tort

S.96(2) provides: “In an action for infringement of copyright all such relief by way of damages, injunctions, accounts or otherwise is available to the plaintiff as is available in respect of the infringement of any other property right.”

Consequences of InfringementDamages can be heavy:

● Hoffman v Drug Abuse Resistance Education (UK) Ltd [2012] EWPCC 2 Judge Birss QC awarded £10,000 against a charity for copying 19 photos of drugs from claimant’s website;

● Absolute Lofts South West London Ltd v Artisan Home Improvements Ltd and Another [2015] EWHC 2608 (IPEC) (14 Sep 2015) Judge Hacon ordered a Bradford builder to pay £6,300 damages to a London builder whose website he had raided.

ExceptionsChapter III of the CDPA provides a large number of exceptions many of which are for educational institutions and libraries to enable them to perform their functions. Others are more general and may be conditional.

LicensingA licence means “permission”.

A licence can be express or implied.

Creative CommonsFour types of licences:

● Attribution: Licensees may copy, distribute, display and perform a work and make derivative works and remixes based on it only if they credit the author in the specified manner;

● Share Alike: Licensees may distribute derivative works only under a licence not more restrictive than the original work.

● Noncommercial: what it says on tin;● Non-derivative: No derivative works or remixed

EnforcementPiracy is prosecuted by a number of authorities:

● Local authority trading standards officers● FACT and FACT● Copyright owners bringing private prosecutions

EnforcementActions for Infringement can be brought in:

● Intellectual Property Lists of the Business and Property Courts sitting in Bristol, Birmingham. Cardiff, Leeds, London or Manchester for any kind of copyright claim

● Intellectual Property Enterprise Court Multitrack in London for claims up to £500,000 that can be tried in 2 days; and

● Small claims track for claims under £10,000

Any Questions?

4-5 Gray’s Inn SquareLondonWC1R 5AHTel +44 (0)20 7404 5252jane.lambert@nipclaw.comhttp://ipnorthwest.blogspot.co.uk/http://nipclaw.blogspot.co.uk/