TOPIC 5 PUBLICATION OF INFORMATION – COPYRIGHT
TOPIK 4 09 ABCR3203 Topic 5
LEARNING OUTCOMES
By the end of this topic, you should be able to:
1. Define what is copyright;
2. Identify works that are capable of protection under copyright law;
3. Identify the rights given by copyright law;
4. Distinguish what amounts to infringement of copyright; and
5. Evaluate the allowable limits of copyright law.
INTRODUCTION
„The media, especially journalists, have much to learn from the law of copyright.
The law represents a double-edged sword, in that the journalist as both the
creator of original material and a user of othersÊ work could be destined for either
the plaintiffÊs or the defendantÊs role in a court case. Careful and sensible
operation within the available defences should ensure the journalist minimises
the likelihood of having to defend such an action‰ (Mark Pearson, 1997).
Copyright law is an important area of law for the media. Copyright is a property
right in a work. It is a branch of intellectual property law that protects peopleÊs
skill, creativity, labour or time. The Copyright Act 1987 is the principal legislation
that deals with copyright in Malaysia. The basis for protection is the concept that
the creator of „original‰ and „productive ideas‰ has a right to control the
commercial exploitation of such ideas. „Essentially, copyright refers to the right
to control and stop others from copying oneÊs work‰ (Ida Madieha, 2004).
Refer to the following cases:
Designers Guild Limited v Russell Williams (Textiles) Ltd [2001] 1 All ER 700
(HL) at 701.
„The law of copyright rests on a very clear principle: that anyone who by his
or her own skill and labour creates an original work of whatever character
shall, for a limited period, enjoy an exclusive right to copy that work. No one
else may for a reason reap what the copyright owner has sown‰ (Ida Madieha,
2004).
Stowe v Thomas 23 F Cas 201 at 206-207 (CCED Pa 1853) (No 13, 514) „The authorÊs exclusive property in the creation of his mind cannot be vested
in the author as abstractions, but only in the concrete form which he has given
them, and the language in which he has clothed them. When he has sold his
book, the only property which he reserves to himself, or which the law gives
him, is the exclusive right to multiply the copies of that particular combination
of characters which exhibits to the eyes of another the ideas intended to be
conveyed. This is what the law terms copy, copyright‰ (Ida Madieha, 2004).
Charles Jeffreys v Thomas Boosey 10 Eng Rep 681 (1854) (HL) at 702
„The subject of property is the order of words in the authorÊs composition; not
the words themselves, they being analogous to the elements of matter, which
are not appropriated unless combined, not the ideas expressed by those
words, they existing in the mind alone, which is not capable of appropriation‰
(Ida Madieha, 2004).
5.1 WHAT IS CAPABLE OF PROTECTION UNDER COPYRIGHT?
Figure 5.1 shows the types of work eligible for copyright (Section 7 Copyright
Act).
Figure 5.1: Types of work eligible for copyright (Section 7 Copyright Act)
These types will be discussed further in the next subtopics.
5.1.1 Literary Works
The following are the kinds of literary works that are protected under the
Copyright Act:
(a) Novels, stories, books, pamphlets, manuscripts, poetical works and other writings.
(b) Plays, dramas, stage directions, film scenarios, broadcasting scripts,
choreographic works and pantomimes.
(c) Treaties, histories, biographies, essays and articles.
(d) Encyclopaedias, dictionaries and other works of reference.
(e) Letters, reports and memoranda.
(f) Lectures, addresses, sermons and other works of the same nature.
(g) Tables or compilations, whether or not expressed in words, figures or
symbols and whether or not in a visible form.
(h) Computer programmes.
The list, however, does not include official texts of the Government or statutory
bodies of a legislative regulatory nature, or judicial decisions (Section 7 of the
Copyright Act 1987) composed for musical accompaniment (Section 7 of the
Copyright Act 1987).
5.1.2 Musical Works
Musical works refer to any musical work, and include works composed for
musical accompaniment (Section 7 of the Copyright Act 1987).
5.1.3 Artistic Works
The following are some meanings of artistic works:
(a) Graphic work, photograph, sculpture or collage, irrespective of artistic
quality;
(b) A work of architecture being a building or a model for a building; or
(c) Works of artistic craftsmanship, but do not include layout-design within the
meaning of the Layout-Designs of Integrated Circuits Act 2000 (Section 7 of
the Copyright Act 1987).
5.1.4 Films
Film means any fixation of a sequence of visual images on material of any
description, whether translucent or not, so as to be capable by use of that material
with or without any assistance of any contrivance (Section 7 of the Copyright Act
1987):
(a) Of being shown as a moving picture; or
(b) Of being recorded on other material, whether translucent or not by the use
of which it can be so shown, and includes the sounds embodied in any
sound-track associated with a film.
5.1.5 Sound Recording
Sound recording means any fixation of a sequence of sounds or of a
representation of sounds capable of being perceived aurally and of being
reproduced by any means, but does not include a sound-track associated with a
film (Section 7 of the Copyright Act 1987).
5.1.6 Broadcasts
Broadcast means a transmission, by wire or wireless means, of visual images,
sounds or other information which is:
(a) Capable of being lawfully received by members of the public; or
(b) Transmitted for presentation to members of the public, and includes the
transmission of encrypted signals where the means for decrypting are
provided to the public by the broadcasting service or with its consent.
Broadcasting service here refers to any service of radio or television broadcast,
operated under the general direction and control of or under licence by the
Government, in any part of Malaysia (Section 7 of the Copyright Act 1987).
5.1.7 Derivative Works
The following are derivative works:
(a) Translation, adaptation, arrangements and other transformations of works
eligible for copyright; and
(b) Collection of works or collections of mere data, whether in machine
readable or other form, eligible for copyright which, by reason of the
selection and arrangement of their contents, constitute intellectual creation.
The above works shall be capable of protection under copyright irrespective of
their quality and purpose for which they are created (Section 8 of the Copyright
Act 1987).
5.2 WHAT IS NOT CAPABLE OF PROTECTION UNDER COPYRIGHT?
Copyright protection will not be extended to any idea, procedure and method of
operation or mathematical concept. So, in the case of literary, musical or artistic
work, copyright protection will not be given unless sufficient effort has been
made to make the work original in character and the work has been put into
writing, recorded or reduced to material form.
Copyright will not be given to a design which is registered under Industrial
Designs Act 1996 (Section 7 of the Copyright Act).
5.3 RIGHTS GIVEN BY COPYRIGHT
The following are the rights given by copyright:
(a) Exclusive Right To Control (Section 13 of the Copyright Act 1987)
An owner of a copyright shall have the exclusive right to control any of the
following in Malaysia:
(i) The reproduction in any material form.
(ii) The communication to the public.
(iii) The performance, showing or playing to the public.
(iv) The distribution of copies to the public:
? The commercial rental to the public.
? The whole work or substantial part of the work.
(b) Ownership (Section 26 of the Copyright Act 1987)
First ownership of copyright shall vest in the author unless the work is
commissioned by a person who is not the authorÊs employer under a
contract of service or apprenticeship or the work is made in the course of
the authorÊs employment.
(c) Author (Section 3 of the Copyright Act 1987) is defined as:
(i) In relation to literary works, means the writer or the maker of the
works.
(ii) In relation to musical works, means the composer.
(iii) In relation to artistic works other than photographs, means the artist.
(iv) In relation to photographs, means the person by whom the
arrangements for the taking of the photographs were undertaken.
(v) In relation to films or sound recordings, means the person by whom
the arrangements for the making of the film or recording were
undertaken.
(vi) In relation to broadcasts transmission from within the country, means:
? The person transmitting the programme, if he has responsibility
for the selection of its contents; or
? Any person providing the programme who makes with the person
transmitting it the arrangements necessary for its transmission.
? In relation to any other cases, means the person by whom the work
was made.
(d) Right to Control (Section 13 of the Copyright Act 1987)
The right to control in Section 13 does not include the right to control:
(i) By way of fair dealing for the purpose of non-profit research, private
study, criticism, and review or reporting of current events, provided
that if the use is public, there should be an acknowledgement of the
title of the work and its authorship. However, this acknowledgement
need not be made in the case of copyright in sound recording, film or
broadcast.
(ii) The inclusion of a work in a broadcast, performance, showing or
playing to the public, collection of literary or musical works, sound
recording or film which is made by way of illustration for teaching
purposes and is compatible with fair practice. Mention must be made
to the source and the name of the author which appears on the work used.
(iii) Any use of the work for the purpose of an examination by way of
setting the questions, communicating the questions to the candidates
or answering the questions. Nevertheless a reprographic copy of a
musical work shall not be made for use by an examination candidate
in performing the work.
(iv) The recording made in schools, universities or educational institutions
of a work included in a broadcast intended for such schools,
universities or educational institutions.
(v) The reading or recitation in public or in a broadcast by one person of
any reasonable extract from a published literary work if accompanied
by sufficient acknowledgement.
(vi) The making of quotations from a published work if they are
compatible with fair practice and their extent does not exceed that
justified by the purpose, including quotations from newspaper articles
and periodicals in the form of press summaries but there should be a
mention of the source and of the name of the author which appears on
the work used.
(e) Duration (Section 17 of the Copyright Act 1987)
Duration of the right to a copyright shall be during the life of the author
plus fifty years after his death.
(f) Dealings (Section 27 & Section 27A of the Copyright Act 1987)
Dealings may be in the form of an assignment, licences and testamentary
disposition.
5.4 WHAT AMOUNTS TO AN INFRINGEMENT OF COPYRIGHT?
A person is deemed to have infringed a copyright if he does or causes any other
person to do, without licence from the owner of copyright the right granted to a
copyright owner (Section 36 of the Copyright Act 1987).
5.5 DEFENCES TO COPYRIGHT INFRINGEMENT
The work of the media involves drawing upon the work of others when
reporting. If the work is in the public domain, no problem, but if not, they have to
acknowledge the use of such work, or working within a defence. Section 13(2) of
the Copyright Act 1987 provides the following:
Section 13 (2)
Notwithstanding subsection (1) [exclusive right to control], the right of control
under that subsection does not include the right to control:
(a) The doing of any of the acts referred to in subsection (1) by way of fair
dealing for purposes of non-profit research, private study, criticism, [review]
or the reporting of current events, subject to the condition that if such use is
public, it is accompanied by an acknowledgement of the title of the work and
its authorship, except where the work is in connection with the doing of any
of such acts for the purposes of non-profit research, private study and the
reporting of current events by means of a sound recording, film or broadcast.
(b) The inclusion in a film or broadcast of any artistic work situated in a place
where it can be viewed by the public.
(c) The incidental inclusion of a work in an artistic work, sound recording, film
or broadcast.
(d) The making of quotations from a published work if they are compatible with
fair practice and their extent does not exceed that justified by the purpose,
including quotations from newspaper articles and periodicals in the form of
press summaries: Provided that mention is made of the source and of the
name of the author which appears on the work thus used.
(e) The reproduction by the press, the broadcasting [or the showing] to the
public of articles published in newspapers or periodicals on current topics, if
such reproduction, broadcasting [or showing] has not been expressly
reserved; Provided that the source is clearly indicated.
(f) The reproduction by the press, the broadcasting [or the performance,
showing or playing] to the public of lectures, addresses and other works of
the same nature which are delivered in public is such use is for informatory
purposes and has not been expressly reserved.
Example of a Copyright case:
Beloff v Pressdram Ltd & Anor [1973] 1 All ER 241
„The plaintiff, a newspaper correspondent with The Observer, had written a
memorandum to her editor, copies of which were circulated to other members
of the editorial staff. The defendant reproduced verbatim and in full, the
plaintiffÊs memorandum in an article attacking the plaintiff. Apparently the
memorandum had been disclosed or leaked by someone in The Observer to
the defendant. In an action for infringement of copyright, the plaintiff failed as
she was not able to prove that she was the owner of the copyright in the
memorandum.‰ The defences of public interest and fair dealing for the
purposes of criticism or review of the memorandum or the purpose of
reporting of current events. „With respect to the defence of public interest, the
court recognised that it was a defence based on common law and, if
applicable, operated to override the rights of individual, including copyright.
However the learned judge in that case, held that the defence did not Âextend
beyond misdeeds of a serious nature and importance to the countryÊ such as
breach of the countryÊs security, breach of law, including statutory duty,
fraud, or otherwise destructive of the country or its people. In that case, as the
memorandum did not disclose any iniquity or misdeed, the defence of public
interest failed. With respect to the defence of fair dealing, it was held that the
dealing must be directed to the prescribed purposes and no other. Thus,
dealing for the purpose of disclosing information which was in the public
interest to know did not fall within the defence. It was further held that the
leak was clearly a dealing with the work in which copyright existed and that
the publication of information known to be leaked was unjustified for the
authorised purposes of criticism, review and news and hence, could not
constitute fair dealing.‰
SELF-CHECK 5.1
1. Explain what does copyright protection mean.
2. What can an owner of copyright do? Elaborate.
3. Explain what amounts to an infringement of copyright.
4. As a member of the media, to what extent can you copy someone
else's work? Discuss.
ACTIVITY 5.1
Discuss the copyright issues in the problem below:
Valerie gives a lecture at a business seminar on ÂThe future of risk
analysis in the construction industryÊ. Her lecture is in two parts. The first
part is a detailed address based upon notes written by herself,
expounding two theories propounded by Valerie and issued as materials
to the delegates. The materials are marked with a copyright symbol. The
first part also includes a short role-playing section to enliven the address
by extracting a volunteer from the audience to illustrate some difficult
concepts. The content of this is flexible. The second part of the talk
consists of some personal reminiscences, and also includes some stories
which are typical in risk analysis and certain commonly told stories in the
industry.
Valerie is aware that the audience takes notes during both parts of her
lecture. However, she is not aware until afterwards of the following:
Barry, a journalist, has taken detailed notes, adding some odd thoughts of
his own on ValerieÊs ideas. He then uses them to compose a critical article
repeating key parts of her speech in an article on risk assessment. He
thinks the speech largely condemns itself and makes little input. He
copies the material distributed at the seminar.
Cuthbert has taken detailed notes in shorthand, translated them into
Japanese and published the speech verbatim in a Japanese business
paper.
Carver has made a video of ValerieÊs talk.
Agnes has made a sound recording of the lecture and is now repeating it
to paying audiences, appropriating many of ValerieÊs ideas. (Alan Murdie (1997)
? Copyright refers to the right to control and stop others from copying
one's work.
? Sections 7 and 8 of the Copyright Act lay down the types of works capable of
protection.
? The right granted by copyright is the exclusive right to control.
? Infringement of copyright occurs if another person does anything which is the
exclusive right of the owner without permission or licence.
Artistic work
Fair dealing
Author
Films
Broadcasts
Infringement
Dealings
Literary works
Derivative works
Musical works
Duration
Ownership
Exclusive right to control
Sound recordings
TOPIK 4 09 ABCR3203 Topic 5
LEARNING OUTCOMES
By the end of this topic, you should be able to:
1. Define what is copyright;
2. Identify works that are capable of protection under copyright law;
3. Identify the rights given by copyright law;
4. Distinguish what amounts to infringement of copyright; and
5. Evaluate the allowable limits of copyright law.
INTRODUCTION
„The media, especially journalists, have much to learn from the law of copyright.
The law represents a double-edged sword, in that the journalist as both the
creator of original material and a user of othersÊ work could be destined for either
the plaintiffÊs or the defendantÊs role in a court case. Careful and sensible
operation within the available defences should ensure the journalist minimises
the likelihood of having to defend such an action‰ (Mark Pearson, 1997).
Copyright law is an important area of law for the media. Copyright is a property
right in a work. It is a branch of intellectual property law that protects peopleÊs
skill, creativity, labour or time. The Copyright Act 1987 is the principal legislation
that deals with copyright in Malaysia. The basis for protection is the concept that
the creator of „original‰ and „productive ideas‰ has a right to control the
commercial exploitation of such ideas. „Essentially, copyright refers to the right
to control and stop others from copying oneÊs work‰ (Ida Madieha, 2004).
Refer to the following cases:
Designers Guild Limited v Russell Williams (Textiles) Ltd [2001] 1 All ER 700
(HL) at 701.
„The law of copyright rests on a very clear principle: that anyone who by his
or her own skill and labour creates an original work of whatever character
shall, for a limited period, enjoy an exclusive right to copy that work. No one
else may for a reason reap what the copyright owner has sown‰ (Ida Madieha,
2004).
Stowe v Thomas 23 F Cas 201 at 206-207 (CCED Pa 1853) (No 13, 514) „The authorÊs exclusive property in the creation of his mind cannot be vested
in the author as abstractions, but only in the concrete form which he has given
them, and the language in which he has clothed them. When he has sold his
book, the only property which he reserves to himself, or which the law gives
him, is the exclusive right to multiply the copies of that particular combination
of characters which exhibits to the eyes of another the ideas intended to be
conveyed. This is what the law terms copy, copyright‰ (Ida Madieha, 2004).
Charles Jeffreys v Thomas Boosey 10 Eng Rep 681 (1854) (HL) at 702
„The subject of property is the order of words in the authorÊs composition; not
the words themselves, they being analogous to the elements of matter, which
are not appropriated unless combined, not the ideas expressed by those
words, they existing in the mind alone, which is not capable of appropriation‰
(Ida Madieha, 2004).
5.1 WHAT IS CAPABLE OF PROTECTION UNDER COPYRIGHT?
Figure 5.1 shows the types of work eligible for copyright (Section 7 Copyright
Act).
Figure 5.1: Types of work eligible for copyright (Section 7 Copyright Act)
These types will be discussed further in the next subtopics.
5.1.1 Literary Works
The following are the kinds of literary works that are protected under the
Copyright Act:
(a) Novels, stories, books, pamphlets, manuscripts, poetical works and other writings.
(b) Plays, dramas, stage directions, film scenarios, broadcasting scripts,
choreographic works and pantomimes.
(c) Treaties, histories, biographies, essays and articles.
(d) Encyclopaedias, dictionaries and other works of reference.
(e) Letters, reports and memoranda.
(f) Lectures, addresses, sermons and other works of the same nature.
(g) Tables or compilations, whether or not expressed in words, figures or
symbols and whether or not in a visible form.
(h) Computer programmes.
The list, however, does not include official texts of the Government or statutory
bodies of a legislative regulatory nature, or judicial decisions (Section 7 of the
Copyright Act 1987) composed for musical accompaniment (Section 7 of the
Copyright Act 1987).
5.1.2 Musical Works
Musical works refer to any musical work, and include works composed for
musical accompaniment (Section 7 of the Copyright Act 1987).
5.1.3 Artistic Works
The following are some meanings of artistic works:
(a) Graphic work, photograph, sculpture or collage, irrespective of artistic
quality;
(b) A work of architecture being a building or a model for a building; or
(c) Works of artistic craftsmanship, but do not include layout-design within the
meaning of the Layout-Designs of Integrated Circuits Act 2000 (Section 7 of
the Copyright Act 1987).
5.1.4 Films
Film means any fixation of a sequence of visual images on material of any
description, whether translucent or not, so as to be capable by use of that material
with or without any assistance of any contrivance (Section 7 of the Copyright Act
1987):
(a) Of being shown as a moving picture; or
(b) Of being recorded on other material, whether translucent or not by the use
of which it can be so shown, and includes the sounds embodied in any
sound-track associated with a film.
5.1.5 Sound Recording
Sound recording means any fixation of a sequence of sounds or of a
representation of sounds capable of being perceived aurally and of being
reproduced by any means, but does not include a sound-track associated with a
film (Section 7 of the Copyright Act 1987).
5.1.6 Broadcasts
Broadcast means a transmission, by wire or wireless means, of visual images,
sounds or other information which is:
(a) Capable of being lawfully received by members of the public; or
(b) Transmitted for presentation to members of the public, and includes the
transmission of encrypted signals where the means for decrypting are
provided to the public by the broadcasting service or with its consent.
Broadcasting service here refers to any service of radio or television broadcast,
operated under the general direction and control of or under licence by the
Government, in any part of Malaysia (Section 7 of the Copyright Act 1987).
5.1.7 Derivative Works
The following are derivative works:
(a) Translation, adaptation, arrangements and other transformations of works
eligible for copyright; and
(b) Collection of works or collections of mere data, whether in machine
readable or other form, eligible for copyright which, by reason of the
selection and arrangement of their contents, constitute intellectual creation.
The above works shall be capable of protection under copyright irrespective of
their quality and purpose for which they are created (Section 8 of the Copyright
Act 1987).
5.2 WHAT IS NOT CAPABLE OF PROTECTION UNDER COPYRIGHT?
Copyright protection will not be extended to any idea, procedure and method of
operation or mathematical concept. So, in the case of literary, musical or artistic
work, copyright protection will not be given unless sufficient effort has been
made to make the work original in character and the work has been put into
writing, recorded or reduced to material form.
Copyright will not be given to a design which is registered under Industrial
Designs Act 1996 (Section 7 of the Copyright Act).
5.3 RIGHTS GIVEN BY COPYRIGHT
The following are the rights given by copyright:
(a) Exclusive Right To Control (Section 13 of the Copyright Act 1987)
An owner of a copyright shall have the exclusive right to control any of the
following in Malaysia:
(i) The reproduction in any material form.
(ii) The communication to the public.
(iii) The performance, showing or playing to the public.
(iv) The distribution of copies to the public:
? The commercial rental to the public.
? The whole work or substantial part of the work.
(b) Ownership (Section 26 of the Copyright Act 1987)
First ownership of copyright shall vest in the author unless the work is
commissioned by a person who is not the authorÊs employer under a
contract of service or apprenticeship or the work is made in the course of
the authorÊs employment.
(c) Author (Section 3 of the Copyright Act 1987) is defined as:
(i) In relation to literary works, means the writer or the maker of the
works.
(ii) In relation to musical works, means the composer.
(iii) In relation to artistic works other than photographs, means the artist.
(iv) In relation to photographs, means the person by whom the
arrangements for the taking of the photographs were undertaken.
(v) In relation to films or sound recordings, means the person by whom
the arrangements for the making of the film or recording were
undertaken.
(vi) In relation to broadcasts transmission from within the country, means:
? The person transmitting the programme, if he has responsibility
for the selection of its contents; or
? Any person providing the programme who makes with the person
transmitting it the arrangements necessary for its transmission.
? In relation to any other cases, means the person by whom the work
was made.
(d) Right to Control (Section 13 of the Copyright Act 1987)
The right to control in Section 13 does not include the right to control:
(i) By way of fair dealing for the purpose of non-profit research, private
study, criticism, and review or reporting of current events, provided
that if the use is public, there should be an acknowledgement of the
title of the work and its authorship. However, this acknowledgement
need not be made in the case of copyright in sound recording, film or
broadcast.
(ii) The inclusion of a work in a broadcast, performance, showing or
playing to the public, collection of literary or musical works, sound
recording or film which is made by way of illustration for teaching
purposes and is compatible with fair practice. Mention must be made
to the source and the name of the author which appears on the work used.
(iii) Any use of the work for the purpose of an examination by way of
setting the questions, communicating the questions to the candidates
or answering the questions. Nevertheless a reprographic copy of a
musical work shall not be made for use by an examination candidate
in performing the work.
(iv) The recording made in schools, universities or educational institutions
of a work included in a broadcast intended for such schools,
universities or educational institutions.
(v) The reading or recitation in public or in a broadcast by one person of
any reasonable extract from a published literary work if accompanied
by sufficient acknowledgement.
(vi) The making of quotations from a published work if they are
compatible with fair practice and their extent does not exceed that
justified by the purpose, including quotations from newspaper articles
and periodicals in the form of press summaries but there should be a
mention of the source and of the name of the author which appears on
the work used.
(e) Duration (Section 17 of the Copyright Act 1987)
Duration of the right to a copyright shall be during the life of the author
plus fifty years after his death.
(f) Dealings (Section 27 & Section 27A of the Copyright Act 1987)
Dealings may be in the form of an assignment, licences and testamentary
disposition.
5.4 WHAT AMOUNTS TO AN INFRINGEMENT OF COPYRIGHT?
A person is deemed to have infringed a copyright if he does or causes any other
person to do, without licence from the owner of copyright the right granted to a
copyright owner (Section 36 of the Copyright Act 1987).
5.5 DEFENCES TO COPYRIGHT INFRINGEMENT
The work of the media involves drawing upon the work of others when
reporting. If the work is in the public domain, no problem, but if not, they have to
acknowledge the use of such work, or working within a defence. Section 13(2) of
the Copyright Act 1987 provides the following:
Section 13 (2)
Notwithstanding subsection (1) [exclusive right to control], the right of control
under that subsection does not include the right to control:
(a) The doing of any of the acts referred to in subsection (1) by way of fair
dealing for purposes of non-profit research, private study, criticism, [review]
or the reporting of current events, subject to the condition that if such use is
public, it is accompanied by an acknowledgement of the title of the work and
its authorship, except where the work is in connection with the doing of any
of such acts for the purposes of non-profit research, private study and the
reporting of current events by means of a sound recording, film or broadcast.
(b) The inclusion in a film or broadcast of any artistic work situated in a place
where it can be viewed by the public.
(c) The incidental inclusion of a work in an artistic work, sound recording, film
or broadcast.
(d) The making of quotations from a published work if they are compatible with
fair practice and their extent does not exceed that justified by the purpose,
including quotations from newspaper articles and periodicals in the form of
press summaries: Provided that mention is made of the source and of the
name of the author which appears on the work thus used.
(e) The reproduction by the press, the broadcasting [or the showing] to the
public of articles published in newspapers or periodicals on current topics, if
such reproduction, broadcasting [or showing] has not been expressly
reserved; Provided that the source is clearly indicated.
(f) The reproduction by the press, the broadcasting [or the performance,
showing or playing] to the public of lectures, addresses and other works of
the same nature which are delivered in public is such use is for informatory
purposes and has not been expressly reserved.
Example of a Copyright case:
Beloff v Pressdram Ltd & Anor [1973] 1 All ER 241
„The plaintiff, a newspaper correspondent with The Observer, had written a
memorandum to her editor, copies of which were circulated to other members
of the editorial staff. The defendant reproduced verbatim and in full, the
plaintiffÊs memorandum in an article attacking the plaintiff. Apparently the
memorandum had been disclosed or leaked by someone in The Observer to
the defendant. In an action for infringement of copyright, the plaintiff failed as
she was not able to prove that she was the owner of the copyright in the
memorandum.‰ The defences of public interest and fair dealing for the
purposes of criticism or review of the memorandum or the purpose of
reporting of current events. „With respect to the defence of public interest, the
court recognised that it was a defence based on common law and, if
applicable, operated to override the rights of individual, including copyright.
However the learned judge in that case, held that the defence did not Âextend
beyond misdeeds of a serious nature and importance to the countryÊ such as
breach of the countryÊs security, breach of law, including statutory duty,
fraud, or otherwise destructive of the country or its people. In that case, as the
memorandum did not disclose any iniquity or misdeed, the defence of public
interest failed. With respect to the defence of fair dealing, it was held that the
dealing must be directed to the prescribed purposes and no other. Thus,
dealing for the purpose of disclosing information which was in the public
interest to know did not fall within the defence. It was further held that the
leak was clearly a dealing with the work in which copyright existed and that
the publication of information known to be leaked was unjustified for the
authorised purposes of criticism, review and news and hence, could not
constitute fair dealing.‰
SELF-CHECK 5.1
1. Explain what does copyright protection mean.
2. What can an owner of copyright do? Elaborate.
3. Explain what amounts to an infringement of copyright.
4. As a member of the media, to what extent can you copy someone
else's work? Discuss.
ACTIVITY 5.1
Discuss the copyright issues in the problem below:
Valerie gives a lecture at a business seminar on ÂThe future of risk
analysis in the construction industryÊ. Her lecture is in two parts. The first
part is a detailed address based upon notes written by herself,
expounding two theories propounded by Valerie and issued as materials
to the delegates. The materials are marked with a copyright symbol. The
first part also includes a short role-playing section to enliven the address
by extracting a volunteer from the audience to illustrate some difficult
concepts. The content of this is flexible. The second part of the talk
consists of some personal reminiscences, and also includes some stories
which are typical in risk analysis and certain commonly told stories in the
industry.
Valerie is aware that the audience takes notes during both parts of her
lecture. However, she is not aware until afterwards of the following:
Barry, a journalist, has taken detailed notes, adding some odd thoughts of
his own on ValerieÊs ideas. He then uses them to compose a critical article
repeating key parts of her speech in an article on risk assessment. He
thinks the speech largely condemns itself and makes little input. He
copies the material distributed at the seminar.
Cuthbert has taken detailed notes in shorthand, translated them into
Japanese and published the speech verbatim in a Japanese business
paper.
Carver has made a video of ValerieÊs talk.
Agnes has made a sound recording of the lecture and is now repeating it
to paying audiences, appropriating many of ValerieÊs ideas. (Alan Murdie (1997)
? Copyright refers to the right to control and stop others from copying
one's work.
? Sections 7 and 8 of the Copyright Act lay down the types of works capable of
protection.
? The right granted by copyright is the exclusive right to control.
? Infringement of copyright occurs if another person does anything which is the
exclusive right of the owner without permission or licence.
Artistic work
Fair dealing
Author
Films
Broadcasts
Infringement
Dealings
Literary works
Derivative works
Musical works
Duration
Ownership
Exclusive right to control
Sound recordings
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