Copyright, Designs and Patents Act 1988

สรุป

The Copyright, Designs and Patents Act 1988 (CDPA 1988) is the comprehensive UK statute governing intellectual property in creative works. It replaced the Copyright Act 1956 and brought the law up to date with new technologies. Copyright arises automatically on creation of an original qualifying work — no registration is required. The Act protects eight categories of work: literary, dramatic, musical, and artistic works; sound recordings; films; broadcasts; and typographical arrangements of published editions. The duration of copyright varies: for literary, dramatic, musical, and artistic works it is the life of the author plus 70 years; for sound recordings, films, and broadcasts, the period is typically 50 or 70 years from making or first publication. The CDPA also establishes moral rights (the right of authors to be identified and to object to derogatory treatment), creates an unregistered design right for three-dimensional articles, and contains detailed provisions on performers' rights. The Act provides a range of permitted acts (defences) including fair dealing for research, private study, criticism, review, quotation, and news reporting, and exceptions for education, libraries, and archives.

ประเด็นสำคัญ

• Copyright — arises automatically on creation of original literary, dramatic, musical, artistic works, sound recordings, films, broadcasts, and typographical arrangements (s.1)
• Originality requirement — work must originate from the author and reflect the author's own intellectual creation (following Infopaq International A/S v Danske Dagblades Forening (C-5/08))
• Duration — literary, dramatic, musical, and artistic works: life of author + 70 years (s.12); sound recordings: 70 years from first publication (s.13A); films: 70 years from death of last principal director, screenplay author, or composer (s.13B)
• Moral rights — right to be identified as author (s.77, must be asserted); right to object to derogatory treatment (s.80); right not to have work falsely attributed (s.84); privacy right in commissioned photographs and films (s.85)
• Primary infringement — copying, issuing copies to the public, rental and lending, performing/showing/playing, communicating to the public, and making adaptations (ss.16-21)
• Secondary infringement — importation, possession for commercial purposes, providing means for making infringing copies — requires knowledge or reason to believe (ss.22-26)
• Fair dealing exceptions — permitted acts for research and private study (s.29), criticism and review (s.30), quotation (s.30A), news reporting (s.30), and text and data mining for non-commercial research (s.29A)
• Unregistered design right — protects the shape or configuration (internal or external) of the whole or part of an article; lasts 15 years from creation or 10 years from first commercial exploitation (Part III, ss.213-264)

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