Intellectual Property



Intellectual Property

Introduction

The Copyright, Designs and Patents Act 1988, is the current UK copyright law. It gives the creators of literary, dramatic, musical and artistic works the right to control the ways in which their material may be used. The rights cover: Broadcast and public performance, copying, adapting, issuing, renting and lending copies to the public. In many cases, the creator will also have the right to be identified as the author and to object to distortions of his work.

Copyright arises when an individual or organisation creates a work, and applies to a work if it is regarded as original, and exhibits a degree of labour, skill or judgement. Interpretation is related to the independent creation rather than the idea behind the creation. For example, your idea for a book would not itself be protected, but the actual content of a book you write would be. In other words, someone else is still entitled to write their own book around the same idea, provided they do not directly copy or adapt yours to do so. Names, titles, short phrases and colours are not generally considered unique or substantial enough to be covered, but a creation, such as a logo, that combines these elements may be. Normally the individual or collective who authored the work will exclusively own the rights. However, if a work is produced as part of employment then normally the work belongs to the person/company who hired the individual. For freelance or commissioned work, rights will usually belong to the author of the work, unless there is an agreement to the contrary, (i.e. in a contract for service).

Explanation

Consumer Focus has said that the copyright laws of the United Kingdom needlessly criminalize music fans and badly need to be updated. The comments come as the UK was ranked last in a survey of 16 countries' copyright laws. Currently, UK law technically makes it illegal to copy a CD that you "own" onto a computer or a portable player like an iPod, despite the fact that manufacturers like Apple provide software to do exactly that.

"UK copyright law is the oldest, but also the most out of date," said Ed Mayo, chief executive of Consumer Focus. "The current system puts unrealistic limits on our listening and viewing habits and is rapidly losing credibility among consumers. A broad 'fair use' exception would bring us in line with consumer expectations, technology and the rest of the world."

Argentina, Australia, Brazil, Chile, China, India, Indonesia, Israel, Malaysia, Pakistan, Philippines, South Korea, Spain, Thailand, the UK and the United States were all surveyed. It ranked countries based on a balance between the interests of rights holders and the interests of consumers.

"It is currently a copyright violation [in the UK] to rip a CD that you own on to your PC or iPod," said Consumer Focus, "even though over half (55%) of British consumers admit to doing it and three in five (59%) think this type of copying is perfectly ...