INTELLECTUAL PROPERTY LAW

RIGHTS & INFRINGEMENT

 ORDER OF BUSINESS

•Recap of last session

•Today:
•Protected Rights
 LAST LESSON

•OWNERSHIP & AUTHORSHIP

•TRANSFER & DURATION

SUMMARY
 FRAMEWORK
• Introduction, nature, history & justification
• Copyrightable Subject Matter
• Eligibility Requirements
• Authorship & Ownership
• Transfer & Duration
• Exclusive Rights & Infringement
• Limitations & Defences
• Copyright Administration
 MY OBJECTIVES FOR TODAY

•Able to identify and explain the various

rights that are protected under the Act
•Understand the distinction between
ECONOMIC & MORAL RIGHTS
•Be familiar with the concept of
RELATED RIGHTS
PROTECTED RIGHTS
 BROADLY SPEAKING THE ACT PROTECTS

•COPYRIGHT
•Economic Rights
•Moral Rights
•Related Rights (Performers &
Broadcasters)
 BROADLY SPEAKING THE ACT PROTECTS

•COPYRIGHT
•Economic Rights
•Moral Rights
•Related Rights (Performers &
Broadcasters)
ECONOMIC RIGHTS
 NATURE OF ECONOMIC RIGHTS

“The economic rights of the

author can be summed up as
the rights given to the author
for the exploitation of his
work in such a way that he
can earn income from it. ”
SECTION 5
 ECONOMIC RIGHTS

• Reproduction
• Transformation
• Public Performance, Broadcasting &
Communication to the Public
• Distribution
• Commercial Rental
REPRODUCTION
REPRODUCTION
S. 5(a)
 LADBROKE (FOOTBALL) LTD V WILLIAM HILL
(FOOTBALL) LTD,[1964] 1 W.L.R. 273 AT 276

Broadly, reproduction means

copying, and does not include
cases where an author or
compiler produces a
substantially similar result by
independent work without
Lord Reid
copying by Elliott & Fry
www.npg.org.uk
 S.76

In this Act unless the context otherwise requires,

 REPRODUCTION????

A B
 REPRODUCTION????

A B
NOTE DEFINITION IS NOT LIMITED TO ONLY
EXACT REPRODUCTION
 ECONOMIC RIGHTS

•Reproduction
•Transformation
•Public Performance, Broadcasting &
Communication to the Public
•Distribution
•Commercial Rental
REMEMBER DERIVATIVE WORK??
S. 76
TRANSFORMATION
 ECONOMIC RIGHTS

•Reproduction
•Transformation
•Public Performance, Broadcasting &
Communication to the Public
•Distribution
•Commercial Rental
 3 ITEMS INVOLVED

•Public performance
•Broadcasting
•Communicating work to the
public
 3 ITEMS INVOLVED

•Public performance
•Broadcasting
•Communicating work to the
public
 WOULD THESE QUALIFY AS PUBLIC
PERFORMANCE??

•Reading a poem at the national theatre ??

•Showing a movie in class ?

 QUESTION?

Should the location

matter ????
Contrast with: Jennings v Stephens [1936] Ch. 469
 JENNINGS V STEPHENS [1936] CH. 469 AT
481 ...
There are, however, many cases in which there can be no
doubt at all whether a particular performance is in public or
in private. No one, for instance, can doubt that the concerts
given at the Albert Hall are, in general, performances "in
public," or that music provided by a man for the
entertainment of his guests after dinner or at a reception is
performed "in private"; and I think that the meaning of the
two phrases can best be ascertained by considering what is
the essential difference between the two performances.

Romer LJ
 JENNINGS V STEPHENS [1936] CH. 469 AT
481 ...
• In Duck v. Bates the Court of Appeal seem to have regarded the nurses and
medical staff of Guy's Hospital as forming a domestic circle, and a dramatic
entertainment given before them and their guests as a private performance.
Bennett J., on the other hand, in Performing Right Society, Ld. v. Hawthorns
Hotel (Bournemouth), Ltd. , treated, and in my opinion rightly treated, a
musical entertainment given to the residents in a hotel, to which any respectable
member of the public could obtain admission merely by payment, as a
performance in public. Nor, with all deference to those who think otherwise,
can I agree that it makes any difference whether the actual performers are paid
for their services or give them gratuitously, or whether the performers are
strangers or members of the domestic circle. The performers at what is
unquestionably a private performance are frequently paid. The performers at
what is unquestionably a public performance frequently give their services for Romer LJ
nothing. Nor can an entertainment that is private when given by the members of
the home circle cease to be private when given by strangers.
 JENNINGS V STEPHENS [1936] CH. 469 AT
482 ...
I also find some difficulty in seeing why it is material to consider the nature of
and the place where the entertainment is given. A private entertainment may be
given in a public room. A public entertainment may be given in a private house.
The question whether an entertainment is given in public or in private depends,
in my opinion, solely upon the character of the audience. Suppose, for instance,
that a number of people who are interested in the drama band themselves
together in a society or club for the purpose of providing by means of their
subscriptions the performance before themselves from time to time of dramatic
works. This would be something entirely outside their domestic lives, and they
would, in my opinion, attend the performances merely as members of the public,
and none the less because the section of the public which they represent may be
limited by election, the social status of the members, or their capacity to pay a
Romer LJ
large subscription. I should regard any dramatic performance given before that
society as a performance in public.
 3 ITEMS INVOLVED

•Public performance
•Broadcasting
•Communicating work to the
public
 SECTION 76

•"broadcasting" means the transmitting for

reception by the general public over a distance
by means of radio, television, electromagnetic
emissions, light beams, wire, cable or other
means
 3 ITEMS INVOLVED

•Public performance
•Broadcasting
•Communicating work to the
public
SECTION 76
 ECONOMIC RIGHTS

• Reproduction
• Transformation
• Public Performance
• Distribution
• Commercial Rental
 ECONOMIC RIGHTS

• Reproduction
• Transformation
• Public Performance
• Distribution
• Commercial Rental
MORAL RIGHTS
 BROADLY SPEAKING THE ACT PROTECTS

•Economic Rights
•Moral Rights
•Related Rights (Performers &
Broadcasters)
RELATED RIGHTS
 BROADLY SPEAKING THE ACT PROTECTS

•Economic Rights
•Moral Rights
•Related Rights (Performers &
Broadcasters)
QUESTION
 RELATED RIGHTS

• PROTECT SPECIFIC UNFIXED WORKS THAT WOULD OTHERWISE

NOT ATTRACT COPYRIGHT PROTECTION
• PERFORMANCES
• BROADCASTING
PERFORMER’S RIGHTS
PERFORMER
S.76
SECTION 28(2)-(4)
BROADCASTER’S RIGHTS