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on 9 April 2015

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Transcript of Copyright

Copyright Law
Question 4
Critically scrutinize the extent to which copyright owners' interests are balanced against users' interests.
The History Of Copyright and What it is ?
Millar v Taylor (1769) 4 Burr 2303, 98 ER 201.
Court of the King's Bench, led by Lord Mansfield decide in favour of the publishers as they had a perpetual common law right to publish a work for which they had acquired the rights. Thus, no amount of time would cause the work to pass to the public.
Ownership of copyright
This refers to an individual who has acquired a copyright entitlements after fulfilling all requirements
under section 153 CDP
1988.i.e can practice the restricted act under
section 16 CDP 1988.

However, in terms of ownership there are some exception
under section 11 (1)-(2) CDP 1988.

Furthermore, a creator of a copyrighted work does not always own the copyright.
Pro Owner, Example of Infringement of Copyrighted Works
Hoffman v Drug Abuse Resistance Education (UK) Ltd [2012] EWPCC 2.
Held, the defendant was the person responsible for infringement of the copyrighted images under section 20 of CDP Act 1988.

Donoghue v Allied Newspapers Ltd - [1937] 3 All ER 503.
Held, the plaintiff was not the owner or the joint owner of the copyright in the original articles, however the presumption under the copyright Act 191, section 6.(3), the plaintiff was the author of the plaintiff was the author of the later articles rebutted.

The first time copyright law , the Statute of Anne, was enacted in
England 1710.

Congress passed an act almost identical to the Statute of Anne, in America copyright law
in 1790.

The main reason it was implemented is to protect an individuals works which they have invented.

However, it has some requirements to be protected by copyright law under
section 153 CDP Act 1988.

Works can be defined as : literacy, dramatic and musical ,databases, films , sound recording few to mention which are protected
under section 3-6 CDP Act 1988.

Pro owner, example of breach of copyright
Caird v Sime (1887) 12 App Cas 326, 57 LJPC 2 .
Held, (Lord FitzGerald dissenting) in favour of the appellant, the reason being that such lecture was not open for the public, hence the appellant was entitled to restrain other persons from publishing them without his approval.

Content Page
Owners' Main Interests under copyright
To protect their works or invention from being replicated.

For their creation to be recognized by the public.

To be profitable by being the only source of supply.

Depending on the nature of products to keep the originality of their work for a reasonable period of time .
Regulations Protecting Owners Interests
As the first and present owner of a copyright, a person has the exclusive right to exercise the acts restricted by copyright.

Section 16 CDPA 1988 states that owners have the right to copy and issue the work, rent or lend the work, perform or publicize the work or make an adaption of the work.

The owner of a copyright also has the right to issue a license to another to exercise any of the restricted acts above or through authorising another person.

CBS Songs Ltd v Amstrad Consumer Electronic plc [1988] AC 1013 HL.

Held that Amstrad did not authorize copying of another copyright as the machines were for legitimate purposes.

Regulations Protecting Owners Interests Continuation.....

Statutory protection is provided to copyright owners through primary infringement rules

• And for the occurrence of a primary infringement, there must have been a direct infringement from an individual of an exclusive right

• And an infringement may occur if when one of the restricted acts is breached by the infringer

• Copying (Section 17 CDPA 1988)

Designer Guild v Russell Williams [2000] 1 WLR 2416
Court Held: the test was to access if the infringer has incorporated a considerable amount of skill used by the author.

• Issuing copies to the public (Section 18 CDPA 1988)
• Lending the work to the publications (Section 18A CDPA 1988)
• Performance of the work to the publications (Section 19(2) CDPA 1988)
• Communication to the public (Section 20 CDPA 1988)
• Making an adaptation of workforce (Section 21 CDPA 1988)

Regulations Protecting Owners Interests Cont.....
• Another way in which an individual can infringe a copyrighted work is through secondary infringement

• Section 22-26 CDPA 1988 describes how secondary infringement occurs when an individual or organization facilitates another individual to infringe on a copyright

LA Gear Inc. v Hi-Tec Sports plc (1992) FSR 121 CA.

Court held: that the employee was infringing a copyright and court stated the significance of the use of the objective test.

Regulations Protecting Owners Interests Cont...
• A different way the law protects owners interest of making profit is seen in circumstances where he transfers his rental rights in a specific kind of work.

• This happens in sound recordings or films where the rights are transferred to the producer

• Section 938 CDPA 1988 states that a copyright owner is entitled to equitable remuneration in accordance to these settings.

FAPL v QC Leisure (2012) 0 EWHC 108.
Court held that only appropriate remuneration shall be issued and the highest possible remuneration

Murphy v Media Production Services (2012) EWHC 466
o Court held that such exclusivity agreements were contrary to EU laws on free trade

Regulations Protecting owners Interests Cont......
There are different remedies available to them if the copyright is infringed, these remedies available to copyright owners are under
Section 96- 100 CDPA 1988.

They can be awards for damages if it is to remote to provide the copyright owner with adequate compensation.

Injunction may also be awarded to stop an individual from creating infringed copies.

And the right to seize infringed copies is given in order to prevent the infringer from further unlawful actions
Who is Copyright User ?
A copyright user is a person from the public who desires to use copyrighted work.

There are two types of users, and they can be classified into: those who desire the use of a copyright work for
commercial purposes
; and those who wish to use a copyright for
non-commercial reasons.

Commercial purposed copyright users must acquire a license from the copyright owner or acquire the permission to exercise their copyright in such a way.
Regulations Protecting Users Interests
Users can make temporary copies as stated
S28A CDP 1988

Section 28A CDP 1988
- states that Copyright in a literary work, other than a computer program, database, dramatic, musical or artistic work, is not infringed by the making of a temporary copy which is transient or incidental—

(a) transmission of the work in a network between third parties by an intermediary; or
(b) lawful use of the work;

NLA vs Meltwater 2013 UKSC 18.
Held: Both the cached copies and online copies were temporary, irrelevant of how long the copies existed; which depended on how long you are on the website for.

Regulations Protecting Users Interests Cont...
Users are protected by
S29 CDP 1988
, for non-commercial purpose.

S29 (1) CDP 1988
- Fair dealing with a literary, dramatic, musical or artistic work for the purposes of research for a non-commercial purpose does not infringe any copyright in the work provided that it is accompanied by a sufficient acknowledgment.]

Her Majesty’s Stationery Office & Ordnance Survey v Green Amps Ltd 2007
Held: Does not fall under S29 (1), because it was for non commercial purposes, the dealing was unfair. There was clear exploitation of copyright work.

Regulations Protecting Users Interests Cont...
Users are protected by
S30 (1) CDP 1988
, for the purpose criticism, review and news reporting.

S30 (1) CDP 1988
- Fair dealing with a work for the purpose of criticism or review, of that or another work or of a performance of a work, does not infringe any copyright in the work provided that it is accompanied by a sufficient acknowledgment 

Fraser-Woodward Ltd v BBC & Brighter Pictures Ltd

Held: The court dismissed the claim, and stated that the photographs were used for criticism and review; in the tabloid press and magazines.

Regulations Protecting Users Interests Cont...
Users are protected by
S32 CDP 1988,
for the purpose of education.

Copyright in a literary, dramatic, musical or artistic work is not infringed by its being copied in the course of instruction or of preparation for instruction, provided the copying :

(a).is done by a person giving or receiving instruction,
(b).is not done by means of a reprographic process, and
(c).is accompanied by a sufficient acknowledgment, and provided that the instruction is for a non-commercial purpose

Users are protected if there it no commercial link, and it is accompanied by sufficient acknowledgment.

To conclude, is there a balance to which copyright owners interests are balanced against users interests?

We think, there is a balanced level of protection for both owners and users. As there is a vast amount of legislation, which covers a range of possible purposes which justifies the use copyright material.

And for the owners interests because no one can use the material for commercial purposes (generating profits). There are a number of remedies available for infringement; such as damages, injunctions.

Thank you !
Tewoderos Haile
Damilola George
Ruhith Miah

In order to elaborate whether copyright owner interest is well balanced with users' interest this presentation will cover the following areas:
The history of copyright and what it is?

Who is copyright owner ?

Owners' main interest under copyright law

Regulations protecting owners interest

Who is copyright user?

Regulations protecting users interest

Summary along with critical review of copyright law


Banbridge D (2006) Intellectual Property, (6th edn) Longman, UK.

Bently, L. & Sherman, B. (2004) Intellectual Property Law (2nd edn) Oxford University Press, Oxford.

Caird v Sime (1887) 12 App Cas 326, 57 LJPC 2.

CBS Songs Ltd v Amstrad Consumer Electronic plc [1988] AC 1013 HL..

Designer Guild v Russell Williams [2000] 1 WLR 2416.

Donoghue v Allied Newspapers Ltd - [1937] 3 All ER 503.

FAPL v QC Leisure (2012) 0 EWHC 108.

Fraser-Woodward Ltd v BBC [2005] EWHC 757.

Her Majesty’s Stationery Office & Ordnance Survey v Green Amps Ltd (2007).

Hoffman v Drug Abuse Resistance Education (UK) Ltd [2012] EWPCC 2.

LA Gear Inc. v Hi-Tec Sports plc (1992) FSR 121 CA.

Lewinski, S. (2008). International copyright law and policy. Oxford: Oxford University Press.

Millar v Taylor (1769) 4 Burr 2303, 98 ER 201.

Murphy v Media Production Services (2012) EWHC 466.

NLA vs Meltwater 2013 UKSC 18.
Full transcript