Lecture 4: The rights of attributions:

- Best way is to have it in writing to assert your rights.

- What about in a sculpture? How the author asserts the rights is very vague. There
needs to be an assertion, but it is unclear as to what counts to it.

1. An author can object false attributed work to themselves. Demonstrate did the case
of Clark v Associated newspapers Ltd 1998- The Evening Standard newspaper
regularly ran a satirical column called ‘Alan Clark’s Secret Political Diary.’ As you can
see in the photo, the column had a heading with a picture of Alan Clark (the
politician), but it also had a paragraph stating that this information was written by
Peter Bradshaw. Nevertheless, Alan Clark sued alleging that this work was being
falsely attributed to him. Alan Clark won his case. The court held the “reasonable
reader” (TEST) would have understood the articles as being attributed to Alan Clark,
and that the counter-message was not sufficiently bold, precise and compelling to
off-set the false attribution.

Lecture 5: Economic Rights:

1. Two purposes:

a. The purpose of economic rights is to enable the author / owner to receive financial
compensation from the work’s exploitation.
b. Second, these rights are alienable.

2. Reproduction
- 17 CDPA: the owner has the right to ”copy” the work.
- Copying means “reproducing the work in any material form”
- Including storing a work in a medium by electronic means.

3. 17(3): in relation to artistic works, copying includes 2D to 3D and 3D to 2D

transformation
4. Autospin (Oil Seals) v Beehive Spinning [1995]- the company told you how big your seal
had to be according to the chart they created. People some left the company and
created their own and used the same chart to create the same products. A said they
have copyright in this spin it was a literary work, it took them labor and skill to create it
the court agreed. But the question was, was the seals a reproduction of the original and
the court said no, they said you have to look at it from a common sense view, would
someone using ordinary language describe this as a reproduction of LW. The case said
that “it may well be sensible to say that making a three dimensional article from a data
file in a computer (a literary work) which precisely defines the shape of the article is to
reproduce it.”

5. What about 3D printing?

6. Under s16 of the act the author has the right to make adaptation however in practice
less significance because the def of adaptation is narrow. Because it is restrictive it
 doesn’t cover much. Changing a book to a movie is an example, for the most part they
would be reproductions.

- S21(CDPA)

- In this Part “adaptation”—

(a)in relation to a literary [F1work, [F2other than a computer program or a database, or

in relation to a]] dramatic work, means—

(i)a translation of the work;

(ii)a version of a dramatic work in which it is converted into a non-dramatic work or, as
the case may be, of a non-dramatic work in which it is converted into a dramatic work;

(iii)a version of the work in which the story or action is conveyed wholly or mainly by
means of pictures in a form suitable for reproduction in a book, or in a newspaper,
magazine or similar periodical;

(ab)in relation to a computer program, means an arrangement or altered version of the

program or a translation of it;]

(ac)in relation to a database, means an arrangement or altered version of the database

or a translation of it;]

(b)in relation to a musical work, means an arrangement or transcription of the work.

7. Rental and Lending- 18(A) CDPA

8. Distribution- 18 CDPA- Right to put tangible copies into commercial circulation

9. Public Performance- 19 CDPA: right to perform literary, dramatic, or musical work in

public

- Harms Ltd and Chappell v Martans Club Ltd [1927]-on this night there were 150
members and 50 guests, George’s song was performed the company record
complained saying it was a public performance. The court says it is a public
performance. It says you have to consider if there making profit. Was there
Admission of the Public? Was it Domestic?
- Jennings v Stephens [1936]- a play (The Rest Cure) was performed at the Duston’s
Women’s Institute. Only 62 of the 109 members attended. They had to be members.
The court said the fundamental factor is the character of the audience. They said this
was public 62 members counted as that and because there was no qualification of
membership any woman living in the area of Duston could become a member it was
not exclusive enough for it to be private.
10. Communication to public:

- 20 CDPA: the right to "communicate" the work

- Football Association Premier League v QC Leisure (No 3) [2012]- Football Associates
involved a pub owned by Mrs Murphy. In the pub, Ms Murphy showed premier
league matches to her customers on large TV screens. The Premier League held
copyright in the broadcast of those games, and argued that this was an act of
communication to the public.

- The Court of Appeal held that this was indeed an act of communication to the public:
 There had been an act of “communication” – Ms Murphy had “intentionally transmit
broadcast works. Via a television screen and speakers, to the customers…” its not an
act of performing the work but rather communicating it to the public showing it on
her tv’s.
 Ms Murphy had communicated the work to a “new public” i.e. a public “which was
not taken into account by the author of the protected work”. The FAPL had
envisioned the work would be received by owners of TV sets in their own homes.
 This public was not present at the place the communication originated.

1. Act of Communication
2. "New" Public
3. Public not present at place where communication originates

11. Term- Life + 70:

- In the 18th century it started of as 14 years extra and the life of the author but now
has extended.
- How long do these rights last? Life of the author plus 70 years.
- Under 212 CDPA, the author’s moral rights and economic rights last for the life of the
author, plus 70 years after the author’s death (with the exception of right of false
attribution which lasts 20 years after death). For example, US soul singer, Aretha
Franklin died in 2018. Therefore, her moral and economic rights will last until
1/1/2019. During this time, Franklin’s heirs or assignees will exercise the rights.

12. Exploitation: Assignment and Licensing:

- The rights can also be licensed, i.e. the ownership of the right remains with the
copyright owner, but third parties are granted permission to perform e.g.
reproductions of the work, performances of the work, or communications of the
work to the public.

Summary:

- Economic Rights include

- The right to reproduce
- The right to public performance
- The right to communicate the work to the public
- These rights last for the life of the author plus 70 years, and are assignable and
capable of licensing.
-