Copyright Basics and Ownership
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Questions and Answers

What is the primary requirement for legally using someone else's photograph online?

  • The copyright owner's permission is required. (correct)
  • The photo must be taken from a public account.
  • There must be a disclaimer before using the photo.
  • The photo must be popular on social media.
  • Which of the following is NOT a protection provided under copyright law?

  • Dramatic works
  • Ideas and information (correct)
  • Photographs
  • Original song lyrics
  • Which of the following is a safe way to include copyrighted material on your site?

  • Embedding a hyperlink to a publicly available video. (correct)
  • Reposting someone else's blog post in full.
  • Copying a photo from a friend's profile without permission.
  • Embedding a video that has a paywall.
  • When a reader submits a letter for publication, who retains the copyright?

    <p>The reader who sent the letter. (D)</p> Signup and view all the answers

    What does the defence of fair dealing allow for in terms of copyright material?

    <p>Short extracts of video if specific criteria are met. (D)</p> Signup and view all the answers

    How can a writer legally cite a copyrighted source without infringing copyright law?

    <p>By paraphrasing the material. (C)</p> Signup and view all the answers

    Which of the following types of works is protected under copyright law?

    <p>Paintings and sculptures. (C)</p> Signup and view all the answers

    What is a common misconception regarding materials found on social networking sites?

    <p>Using material may infringe copyright even if it is publicly available. (A)</p> Signup and view all the answers

    What typically does NOT fall under copyright law protection?

    <p>General ideas and themes. (C)</p> Signup and view all the answers

    What happens if the media organization wants to publish a reader's letter again?

    <p>They must get permission from the reader. (A)</p> Signup and view all the answers

    What is one of the main reasons for understanding copyright?

    <p>To protect your own work (C)</p> Signup and view all the answers

    When does copyright apply to a work?

    <p>Immediately upon its creation (A)</p> Signup and view all the answers

    Which of the following statements about ownership of copyright is true?

    <p>The creator of a work is usually the first owner of the copyright (D)</p> Signup and view all the answers

    What is the primary requirement for a work to be eligible for copyright protection?

    <p>The work must pass the originality test (A)</p> Signup and view all the answers

    How long does copyright typically last after the death of the creator?

    <p>70 years (B)</p> Signup and view all the answers

    Who generally owns the copyright of a commissioned photograph?

    <p>The person who commissioned the photograph (A)</p> Signup and view all the answers

    What is a moral right regarding photographs commissioned for private use?

    <p>The right to prevent public use of the photograph (A)</p> Signup and view all the answers

    What legal consequence can occur from publishing a screengrab without permission?

    <p>It can infringe copyright (D)</p> Signup and view all the answers

    Which of the following elements is NOT related to copyright ownership?

    <p>Formal registration of the work (C)</p> Signup and view all the answers

    What can a copyright owner do with their copyright?

    <p>They can sell, transfer, or split their rights (D)</p> Signup and view all the answers

    What determines whether an infringement is considered 'substantial'?

    <p>A qualitative test assessing the importance of the portion used. (D)</p> Signup and view all the answers

    In what scenario might fair dealing not be applicable?

    <p>If the copyright work has been obtained by unfair means. (D)</p> Signup and view all the answers

    Which of the following is NOT a recognized instance of fair dealing?

    <p>Use of a substantial portion in commercial advertising. (B)</p> Signup and view all the answers

    What does the public interest defense allow for in copyright law?

    <p>Use of entire documents if it serves public health and safety. (C)</p> Signup and view all the answers

    What can a copyright owner NOT do in civil action for copyright breach?

    <p>Imprison the infringer. (C)</p> Signup and view all the answers

    Which of the following best describes 'substantial' infringement?

    <p>Copying any part that holds significant importance. (B)</p> Signup and view all the answers

    What is a potential penalty for severe breaches of copyright?

    <p>Criminal offense charges. (A)</p> Signup and view all the answers

    What must be done when using copyrighted material for criticism or review?

    <p>Cite the original source appropriately. (D)</p> Signup and view all the answers

    In which case would seeking costs in a copyright infringement lawsuit be applicable?

    <p>For a breach that continues despite warnings. (C)</p> Signup and view all the answers

    Which of the following statements about fair dealing for research is correct?

    <p>It must be of a non-commercial nature to apply. (B)</p> Signup and view all the answers

    Flashcards

    Copyright

    The legal right granted to creators of original works, such as books, music, films, and software, to control how their work is used and distributed.

    Copyright Act in UK

    The Copyright, Designs and Patents Act 1988, and its amendments by European Union directives, governs copyright in the United Kingdom.

    When does copyright apply?

    Copyright applies immediately upon creation of a work, regardless of format, be it a book, TV show, CD, DVD, mp3, light show, firework display, or a dance performance.

    Originality Test

    A work must show originality and demonstrate that the creator has invested skill, time, labor, expertise, judgment, etc., into its creation.

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    Who owns the copyright?

    The creator of a work is typically considered the initial owner of the copyright.

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    Copyright in employment

    If an employee creates a work within the scope of their employment, copyright usually belongs to their employer.

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    Copyright for freelancers

    A freelance journalist typically owns the copyright to their work, unless a different agreement specifies otherwise.

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    Copyright rights

    The copyright owner can grant different rights to use the work, including granting one-time use licenses.

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    Transferring copyright

    Copyright can be sold, divided into separate parts, or transferred to someone else.

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    Duration of copyright

    Copyright expires 70 years after the creator's death, although exceptions exist for certain works.

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    Copyright Infringement on TV

    Using a copyrighted photo without permission is copyright infringement, unless there is a legal defense.

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    Copyright and Online Content

    Just because something is online doesn't mean it's free to copy and republish. You need permission from the copyright holder.

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    Copyright and Social Media

    Sharing media from social media, even with credit, may infringe copyright. Don't assume it's safe to copy and share.

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    Embedding Links and Copyright

    Embedding a publicly available hyperlink or video on your site is safe, as long as the material is public and uploaded with the owner's permission.

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    Reader Letters and Copyright

    A reader giving permission to publish a letter in a media outlet loses the right to publish it again, but retains the copyright. If the media wants to republish, they need permission.

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    Copyright and News

    There is no copyright on news, facts, ideas, or information, but there is copyright in how it is presented and arranged to create an original work.

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    Fair Dealing Defense

    Fair dealing is a defense against copyright infringement, allowing limited use of copyrighted material for specific purposes.

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    Public Interest Defence

    Public interest is a rarely used defense against copyright infringement, generally applicable in situations where public knowledge outweighs the copyright holder's rights.

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    Fair Dealing and Photos & Video

    Fair dealing usually doesn't apply to photos, as it might prevent photographers from making a living. Short video extracts can be used under specific criteria.

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    Substantial Copyright Infringement

    Copyright infringement occurs when a substantial portion of a copyrighted work is copied without permission.

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    Substantial Infringement

    A qualitative test determines if a portion of the original work is significant, even if it's a small part, for copyright infringement.

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    Fair Dealing

    A legal defense protecting the usage of copyrighted material for specific purposes – like criticism, review, research, or quote. Certain conditions must be met, such as citing the source and not using it for commercial gain.

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    Fair Dealing for Private Study/Research

    This legal defense allows using copyrighted content for personal study or research without violating copyright rules.

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    Penalties for Copyright Infringement

    Various penalties faced by anyone found guilty of copyright Infringement, such as an injunction to stop the infringing activity, financial damages to the copyright holder, forced seizure of infringing materials, and potential criminal charges for severe offenses.

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    Study Notes

    • Copyright applies immediately a work is created
    • Copyright applies to various formats (books, TV, CDs, DVDs, mp3s, light shows, etc.)
    • Originality is required; skill, time, effort, and judgement must be involved in the work
    • Initial copyright ownership usually belongs to the creator
    • Employers usually own copyright for work produced by employees while employed
    • Freelance works are owned by the freelancer unless otherwise agreed to
    • Copyright owners can transfer, sell, or divide ownership rights
    • Copyright ownership can be transferred by the original creator through sale or transfer
    • Copyright ownership lasts 70 years after the creator's death
    • Copyright term varies based on the type of work
    • Copyright for photos is generally held by the photographer, unless the photograph was produced as an employee

    Internet and Social Media

    • Copyright material may be available online but does not mean it can be copied/republished without permission
    • Social media frequently steals media, so creators need to take care

    Fair Dealing

    • Fair dealing can be used in the reporting of current events
    • Brief extracts of video are permissible, but criteria must be met
    • Fair dealing can be used for criticism and review
    • Fair dealing allows for private studies/research and use of quotes
    • Fair dealing is for a purpose other than commercial gain
    • Substantial copyright infringement can occur when a substantial or significant part of the original work is copied.
    • This is a qualitative, not a quantitative, test, meaning a small but vital part of a work can be considered substantial infringement.
    • Fair dealing may not apply if the copied material was obtained through illegal means
    • Court orders can be issued for the possession of the infringing copyright material and equipment
    • Damages can be awarded for infringement
    • Court can force accounts of profits made from infringement
    • Severe breaches can lead to criminal charges

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    Related Documents

    Copyright Law PDF

    Description

    Explore the fundamental concepts of copyright, including its immediate application upon creation, ownership rights, and the distinctions between various formats. This quiz also covers the nuances of copyright in relation to employment and freelance work, as well as its implications for digital content. Test your understanding of copyright laws and their impact on creators.

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