Throughout our documentary we will be following the codes of ethical standards set out by The University of Winchester. |
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Copyright
Introduction
Copyright law originated in the United Kingdom from a concept of common law; the Statute of Anne 1709. It became statutory with the passing of the Copyright Act 1911. The current act is the Copyright, Designs and Patents Act 1988.
Types of work protected
1.Literary song lyrics, manuscripts, manuals, computer programs, commercial documents, leaflets, newsletters & articles etc.
2.Dramatic plays, dance, etc.
3.Musical recordings and score.
4.Artistic photography, painting, sculptures, architecture, technical drawings/diagrams, maps, logos.
5.Typographical arrangement of published editionsmagazines, periodicals, etc.
6.Sound recordingmay be recordings of other copyright works, e.g. musical and literary.
7.Film video footage, films, broadcasts and cable programmes.
The Copyright (Computer Programs) Regulations 1992 extended the rules covering literary works to include computer programs.
Who owns a piece of work
Normally the individual or collective who authored the work will exclusively own the work and is referred to as the ‘first owner of copyright’ under the 1988 Copyright, Designs and Patents Act. However, if a work is produced as part of employment then the first owner will normally be the company that is the employer of the individual who created the work.
Freelance or commissioned work will usually belong to the author of the work, unless there is an agreement to the contrary, (i.e. in a contract for service).
Just like any other asset, copyright may be transferred or sold by the copyright owner to another party.
Rights cannot be claimed for any part of a work which is a copy taken from a previous work. For example, in a piece of music featuring samples from a previous work, the copyright of the samples would still remain with the original author.
Only the owner, or his exclusive licensee can bring proceedings in the courts.
Duration of copyright
The 1988 Copyright, Designs and Patents Act states the duration of copyright as;
8.For literary, dramatic, musical or artistic works70 years from the end of the calendar year in which the last remaining author of the work dies. If the author is unknown, copyright will last for 70 years from end of the calendar year in which the work was created, although if it is made available to the public during that time, (by publication, authorised performance, broadcast, exhibition, etc.), then the duration will be 70 years from the end of the year that the work was first made available.
9.Sound Recordings and broadcasts50 years from the end of the calendar year in which the work was created, or, if the work is released within that time: 50 years from the end of the calendar year in which the work was first released.
10. Films 70 years from the end of the calendar year in which the last principal director, author or composer dies. If the work is of unknown authorship: 70 years from end of the calendar year of creation, or if made available to the public in that time, 70 years from the end of the year the film was first made available.
11. Typographical arrangement of published editions25 years from the end of the calendar year in which the work was first published.
12. Broadcasts and cable programmes50 years from the end of the calendar year in which the broadcast was made.
13. Crown CopyrightCrown copyright will exist in works made by an officer of the Crown, this includes items such as legislation and documents and reports produced by government bodies. Crown Copyright will last for a period of 125 years from the end of the calendar year in which the work was made. If the work was commercially published within 75 years of the end of the calendar year in which it was made, Crown copyright will last for 50 years from the end of the calendar year in which it was published.
Parliamentary CopyrightParliamentary Copyright will apply to work that is made by or under the direction or control of the House of Commons or the House of Lords and will last until 50 years from the end of the calendar year in which the work was made.
14. Restricted actsIt is an offence to perform any of the following acts without the consent of the owner: Copy the work. Rent, lend or issue copies of the work to the public. Perform, broadcast or show the work in public. Adapt the work. The author of a work, or a director of a film may also have certain moral rights: The right to be identified as the author. Right to object to derogatory treatment.
15. Acts that are allowedFair dealing is a term used to describe acts which are permitted to a certain degree without infringing the work, these acts are:
Private and research study purposes.
Performance, copies or lending for educational purposes.
Criticism and news reporting.
Incidental inclusion.
Copies and lending by librarians.
Acts for the purposes of royal commissions, statutory enquiries, judicial proceedings and parliamentary purposes.
Recording of broadcasts for the purposes of listening to or viewing at a more convenient time, this is known as “time shifting”.
Producing a back up copy for personal use of a computer program.
Playing sound recording for a non profit making organisation, club or society.(Profit making organisations and individuals should obtain a license from PRS for Music.)
These are the highlighted areas of copyright law that our documentary will fall under.
OFCOM As our documentary is based on real life superheroes and some of the acts they perform are classed as vigilante we will not be allowed to film this as it happens. This is because it is an illegal activity and by filming it we would be considered to be taking part in an illegal action. To get around this obstacle we have decided that there are a couple of possibilities that we can use, for example we can show a reinactment of the situation that unfolded, we can also use animation as this would fit in nicely with the superhero theme. Here is a link for more information about how violence is seen by Ofcom: | Rights To Reply The right to reply is an opportunity for the subject to rectify any statements made against them that they feel is defamatory towards them. All of the subjects in our documentary have to right to reply if they feel the way they are being portrayed in way that is false or even offensive. |
Change of Copyright Law in the UK and worldwide
A numerous amount of US organisations representing photographers and photo agencies have written to the UK government to oppose proposed changes to the country's copyright. They have expressed their deep concerns over the provisions presented in Clause 68 of the Enterprise and Regulatory Reform Bill.
This bill is going to potentially affect rights owners, photo and stock agencies, as well as photographers, they fear that the provisions will make it legal to use images without authorisation from copyright owners. If this bill gets passed it will effect every photographer who wants to make money off of their work, as corporations and businesses could now just take photographs and art off of people and agencies to use for their own projects. So you can see your work being spread around without credit towards you due to the lack of permission stated from the provisions of this law.
This is a quote from Us organisations representing photographers:
"Legalising the usage of foreign works without the knowledge and permission of the copyright owners will jeopardize the exclusive rights of those owners. The prospect of unknown, ongoing unlicensed usage of foreign works in the UK will prevent any rights holder in any country from licensing exclusive rights to any party. In many instances, unlicensed usage of foreign work in the UK will drastically devalue the works throughout their copyright life."
How to make a claim when someone uses your work
Here is a guide showing how to file a claim against someone who has used your work without your permission. |
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There are 3 steps to follow when wanting to file a claim when someone uses your work without your permission.
Step One
‘Before issuing a claim, the photographer should comply with the Practice Direction-Pre-Action Conduct'
‘Annex A gives guidance on the protocol to follow in these cases.'
Step Two
‘If the matter can't be settled, then the correct form to issue a claim is the N1.
‘The form should be completed and either handed in or posted to the Rolls Building (see address below) with the appropriate court fee, based on the value of the claim.'
All legal fees are stated on this link.
Swan Turton adds: ‘Please note that the photographer must state in the Particulars of Claim that he/she would like the claim to be allocated to the small claims track.'
Step three: Where to post form
The completed N1 claim form should be sent to:
PCC Small Claims Track, The Patents County Court, The Rolls Building, 7 Rolls Building, Fetter Lane, London EC4A 1NL.
However, adds Swan Turton, photographers should be aware that, while the court administration is run from the Rolls Building, hearings for the small claims track are a held at the Thomas More Building, Royal Courts of Justice, Strand, London WC2A 2LL.
