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Individual, Social and Legal Considerations

The Copyright, Designs and Patents Act 1988

  • 3 things to know
  • A2 Unit 1

Overview

Four acts that infringe copyright when done without permission, secondary infringement of copyright and moral rights.

What you need to know

Answer each one before you reveal it.

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Key term

What does a software licence actually grant?

Key term

Distinguish copyright, patents and design protection.

Numbers

What does the Copyright, Designs and Patents Act 1988 protect?

Questions from this subtopic

Each one with the model answer underneath.

  1. 1

    What does the Copyright, Designs and Patents Act 1988 protect?

    Model answer

    The Copyright, Designs and Patents Act 1988 protects original literary, dramatic, musical and artistic works, together with sound recordings, films, broadcasts and the typographical arrangement of published editions.

  2. 2

    How does an author obtain copyright in a work?

    Model answer

    Copyright arises automatically as soon as an original work is recorded in some permanent form. Registration, application and payment of a fee play no part in obtaining it.

  3. 3

    How is computer software protected by the Copyright, Designs and Patents Act 1988?

    Model answer

    A computer program is protected as a literary work, and the preparatory design material for it is protected in the same way.

  4. 4

    Who owns the copyright in a work created by an employee at work?

    Model answer

    Where a work is made by an employee in the course of their employment, the employer is the first owner of the copyright unless the contract of employment provides otherwise.

  5. 5

    Who owns the copyright in work produced by a self-employed contractor?

    Model answer

    A self-employed contractor keeps the copyright in what they produce unless the contract assigns it to the client, so an organisation commissioning work should settle ownership in writing before it starts.

  6. 6

    How long does copyright last in a literary or artistic work?

    Model answer

    Copyright in a literary, dramatic, musical or artistic work lasts for the life of the author. Protection then continues for a further 70 years from the end of the year of death.

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