Critically assess the evolution of the law of copyright in the relation to film in the UK.
Résumé de l'exposé
The copyright « is a set of exclusive rights granted by government for a limited time to regulate the use of a particular form, way or manner in which an idea or information is expressed. Copyright may subsist in a wide range of creative or artistic forms or "works" and subject matter other than works" . In this essay, only "film" will be treated. A "film", "is used to cover moving image recording based on transparent frames (film strip), in contradistinction to "video" (electronically recorded moving images on tape, etc) . And we will focus on the United Kingdom (in general) copyrightlaw (the particular case of the Ireland will not be treated) and more precisely on its evolution in UK and the application of European law in UK due to the harmonisation of the European Union. Indeed, the copyrightlaw in UK continues to evolve in parallel with the evolution of the society, and in particular with the new technologies. The copyright must had to draw-up new acts really since 1911, in order to do the best it can concerning the film protection.
Sommaire de l'exposé
I. THE OLD REGIME OF COPYRIGHT LAW IN UK
A. THE RECOGNITION OF THE COPYRIGHT
B. EVOLUATION OF THE LAW BEFORE 1988
1. THE IMPORTANT INFLUENCE OF THE BERNE CONVENTION ON THE UK ACTS
2. THE COPYRIGHT ACTS BEFORE 1988
II. THE CURRENT COPYRIGHT LAW SINCE THE 1988 ACT: A DUAL PROTECTION
A. THE 1988 ACT
B. THE APPLICATION OF EUROPEAN LAW IN UK THANKS TO DIRECTIVES
Extraits de l'exposé
[...] Bond International Pty Ltd (1985) 5 IPR 203; (1986) 6 IPR 97; 65 ALR 319. Case Broadcasting Corporation of New Zealand case (1989) 2 All ER 1056; (1989) RPC 700 Definition of Wikipedia Intellectual Property Rights in Sound Recordings, Film and Video J.A.L. Sterling, Sweet and Maxwell edition Intellectual Property Rights in Sound Recording, Film and Video J.A.L. Sterling, Sweet and Maxwell edition Case Barker Motion v. Hulton (1912) 28 TLR 496 It was not possible before the «registration at Stationers' Hall?. Case Spelling Goldberg Production Inc. v. [...]
[...] At the beginning, under the Act of Anne, the copyright protection was for fourteen years. Dramatic works' authors benefited of a ?play-right? in accordance to the Dramatic Copyright in 1833. Before 1911, the owner of the work was normally the first owner. Under the Act of 1911, there was a problem with the definition of dramatic works. In fact, when a film is qualified as ?photographs?, the author of the work is the first owner, and concerning the original negative's possession, it entitles the owner to be considered like the author. [...]
[...] Kamina, Cambridge university press, edition 2002 User's Guide to Copyright?,M. F.Flint, Butterworths, fourth edition ?Intellectual Property?, M. Edenborough, Lecture notes edition http://en.wikipedia.org/wiki/Main_Page CASES Case Barker Motion v. Hulton (1912) 28 TLR 496 Case Spelling Goldberg Production Inc. v. BPC Publishing Ltd (1981) RPC 283, CA; (1979) FSR 494. Case Tate V. Fullbrook (1908) 1 KB 821; 98 LT 706; 77 LJKB 577; 24 TLR 347; 52 SJ 276. Case Millegan v. Broadway Cinema Production (1923) SLT 35 Case Ladbroke Ltd v. [...]
[...] Intellectual Property Rights in Sound Recording, Film and Video J.A.L. Sterling, Sweet and Maxwell edition Case Norowzian v. Arks Ltd (2000) EMLR 67; (2000) FSR 363. The Court in 1998 considered that there was a breach of copyright by the action of Norowzian because film per se could not be a dramatic work within the meaning of the 1988 Act?. It considered that there was a ?separate categorisation of these works in 1988? and there was mutual exclusion of these categories in the 1956 Act?. [...]
[...] Thanks to this case, the director is entitled to have a copyright in the dramatic work. A moral right is recognized to authors the copyright in the dramatic work now guarantees assignee producers greater protection against infringement by adaptation?. Acts which are restricted by the law of copyright are: any copy of the film, to issue film's copies to the public, any showing in public, any broadcasting of the film or including it in a cable programme service. After, as a result of this case, the duration of protection about audiovisual works is extended. [...]
À propos de l'auteur
DULAC L.RHPropriété intellectuelleCritically assess the evolution of the law of copyright in the relation to film in the UK.