Copyright in a nutshell

The author of a work is the first owner of any copyright in it (for the life of the author plus 70 years). Literary, dramatic, musical or artistic works are owned by the author.

Where the work is created by an employee in the course of employment, the employer is the first owner of any copyright in the work subject to any agreement to the contrary.

Acts restricted by copyright in a work are to copy the work, to issue copies of the work to the public, to communicate the work to the public to make an adaptation of the work or do any of the above in relation to an adaptation or authorising another to do, any of the acts restricted by copyright.

The doing of an act restricted by copyright in a work are in relation to the work as a whole or any substantial part of it either directly or indirectly.

The making of an adaptation of the work is also an act restricted by the copyright in that work. Only an owner of copyright or the holder of an exclusive licence can take an action for infringement of copyright or assign their accrued rights.

Remedies for copyright infringement

(1) Damages.

(2) Injunctions.

(3) Freezing orders.

(4) Account of profits.

(5) Delivery up of goods.

(6) Seizing the articles.

Defences to copyright infringement

(1) Proving the claimant is not the owner of the rights.

(2) Fair dealing (for private study, criticism and review or reporting current events).

(3) Incidental uses.

(4) Educational uses.

(5) Making backup copies.

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