LEARNING WITHOUT BORDERS:

PODCASTING ACROSS THE WIDER EUROPE

COPYRIGHT AND INTELLECTUAL PROPERTY

A copyright owner has five exclusive rights in the copyrighted work:

1. Reproduction Right. The reproduction right is the right to copy, duplicate, transcribe, or
imitate the work in fixed form.
2. Modification Right. The modification right (also known as the derivative works right) is
the right to modify the work to create a new work. A new work that is based on a pre-
existing work is known as a "derivative work."
3. Distribution Right. The distribution right is the right to distribute copies of the work to
the public by sale, rental, lease, or lending.
4. Public Performance Right. The public performance right is the right to recite, play,
dance, act, or show the work at public place or to transmit it to the public. In the case of a
motion picture or other audiovisual work, showing the work's images in sequence is
considered "performance."
5. Public Display Right. The public display right is the right to show a copy of the work
directly or by means of a film, slide, or television image at a public place or to transmit it
to the public. In the case of a motion picture or other audiovisual work, showing the
work's images out of sequence is considered "display."

Copyright can protect:

• literary works, including novels, instruction manuals, computer programs, song
lyrics, newspaper articles and some types of database
• dramatic works, including dance or mime
• musical works
• artistic works, including paintings, engravings, photographs, sculptures, collages,
architecture, technical drawings, diagrams, maps and logos
• layouts or typographical arrangements used to publish a work, for a book for
instance
• recordings of a work, including sound and film
• broadcasts of a work

You should only copy or use a work protected by copyright with the copyright owner's
permission.
Copyright applies to any medium. This means that you must not reproduce copyright
protected work in another medium without permission. This includes, publishing photographs on
the internet, making a sound recording of a book, a painting of a photograph and so on.
Copyright does not protect ideas for a work. It is only when the work itself is fixed, for
example in writing, that copyright automatically protects it. This means that you do not have to
apply for copyright.

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A copyright protected work can have more than one copyright, or another intellectual
property (IP) right, connected to it. For example, an album of music can have separate
copyrights for individual songs, sound recordings, artwork, and so on. Whilst copyright can
protect the artwork of your logo, you could also register the logo as a trade mark.

ORIGINAL WORKS
A work can only be original if it is the result of independent creative effort. It will not
be original if it has been copied from something that already exists. If it is similar to something
that already exists but there has been no copying from the existing works either directly or
indirectly, then it may be original.
The term "original" also involves a test of substantiality - literary, dramatic, musical and
artistic works will not be original if there has not been sufficient skill and labour expended in
their creation. But, sometimes significant investment of resources without significant intellectual
input can still count as sufficient skill and labour.
Ultimately, only the courts can decide whether something is original.
There is much case law indicating, for example, that names and titles do not have
sufficient substantiality to be original and that, where an existing work is widely known, it will
be difficult to convince a court that there has been no copying if your work is very similar or
identical.

1. Works that are not required to be original

Sound recordings, films and published editions do not have to be original but they will
not be new copyright works if they have been copied from existing sound recordings, films and
published editions.
Broadcasts do not have to be original, but there will be no copyright, if, or to the extent
that, they infringe copyright in another broadcast.

2. Websites and the internet

Copyright applies to the internet in the same way as material in other media. For
example, any photographs you place on the internet will be protected in the same way as other
artistic works; any original written work will be protected as a literary work, and so on.

3. Downloads and uploads

If you download, distribute or put material on the internet that belongs to others you
should ensure that you have the owners' permission, unless any of the exceptions apply.

4. Music
Copyright applies to a musical composition when it is set down in permanent form, either
by writing it down or in any other manner. With a song there will usually be more than one
copyright associated with it. If you are the composer of the music you will be the author of the
musical work and will have copyright in that music. The lyrics of a song are protected separately

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by copyright as a literary work. The person who writes the lyrics will own the copyright in the
words.
If your work is subsequently recorded the sound recording will also have copyright
protection. The producer of the recording will own the copyright in the sound recording.
Composers of music may also have moral rights in their work.
Copyright is like any form of physical property in that you can buy it, sell it, inherit or
otherwise transfer it, wholly or in part. Therefore, some or all of the economic rights may
subsequently belong to someone other than you, the first owner.

5. Artistic works including photographs

Copyright applies to original artistic works such as paintings, drawings, engravings,
sculptures, photographs, diagrams, maps, works of architecture and works of artistic
craftsmanship.
So, for example, cartoon characters may have copyright protection and if you wish to
copy the characters onto cakes, wallpaper and so on, you will almost certainly need a licence to
do this to avoid infringing copyright.
If you wish to use or copy copyright protected artistic works you may need permission
from the right holder, unless copyright exceptions apply.
In the case of a drawing of an article to be mass-produced, there will only be copyright in
the article made to the design in the drawing if the article itself is also an artistic work. This
would have included something that could be called a work of artistic craftsmanship. However,
design right protection might exist for such an industrially produced item even if there is no
copyright. Applying for a registered design is another possibility.

6. TV and films
For TV productions and films, copyright may exist on a number of its components, for
example, the original screenplay, the music score and so on. If you produced the TV show or
film then you would normally obtain the rights to, or gain permission to use, the works required
to make the production.
You will not infringe the copyright in a broadcast if you make a recording of a TV
programme in your own home to watch later. For any other use you may need the permission for
the rights holder, unless copyright exceptions apply.
Broadcasts, which may be transmitted by cable or wireless means, including satellite
broadcasts, but excluding most transmissions on the internet, afford copyright protection in
addition to any copyright in the content of broadcasts such as films, music and literary material.
Films do not have to be original but they will not be new copyright works if they have
been copied from existing films. Broadcasts do not have to be original, but there will be no
copyright, if, or to the extent that, they infringe copyright in another broadcast.

HOW LONG COPYRIGHT LASTS

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The length of time a copyright work is protected will depend upon the category or type of
work and is usually calculated from the death of the creator.

Written, Musical, Artistic and Film

The term of protection or duration of copyright varies depending on the type of copyright
work. The term of protection in the UK for an original written (literary), theatrical (dramatic)
musical or artistic work lasts for the life of the creator plus 70 years from the end of the year in
which he/she died.
Similarly, copyright in a film runs out 70 years after the end of the year in which the
death occurs of the last to survive of the principal director, the authors of the screenplay and
dialogue, or the composer of any music specially created for the film.
Both software (computer programs) and databases are able to be protected as literary
works.
Where two or more people have created a single work protected by copyright and where
the contribution of each author is not distinct from that of the other(s), those people are generally
joint authors and joint first owners. The term of copyright protection in such a work is
calculated with reference to the date of the death of the last surviving author.
Any sound recording made of a song will be protected for a different period of time from
the underlying music or lyrics.
You should also note that. for copyright works originating outside the UK or another
country of the European Economic Area (EEA), the term of protection may be shorter if it is
shorter in the country of origin. There may also be variations in the term where a work was
created before 1 January 1996.

OTHER PROTECTION
The Copyright, Designs and Patents Act 1988 (as amended) sets out a number of other
important rights associated with the creation of works:
Moral rights. Moral rights, such as the right to object to the derogatory treatment of your
work, last for as long as copyright lasts in the work. Moral rights cannot be sold or transferred
but the creator can waive or chose not to exercise them.
Performers' rights. Performers have various rights in their performances as well as in
the recordings or broadcasts of their performances.
Publication right. Publication right gives you rights equivalent to copyright if you
publish for the first time a literary, dramatic, musical or artistic work or a film in which
copyright has expired.
Database right. In addition to or instead of copyright protection, a database may be
protected by the 'database right'. This is intended to protect and reward investment in the creation
and arrangement of databases.
Conditional access technology. Conditional access technology generally refers to
technical measures, such as smart cards or other decoders, which allow you to view or listen to
encrypted broadcasts.

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Copy protection devices. For copyright material issued to the public in an electronic
form, you can use technical measures so that it is not possible to make a copy of the material,
that is, it is copy-protected.

SPECIFIC CONDITIONS FOR PROJECT

Art.1. Documents or any other information produced during the project shall belong
entirely to the Project and may not be copied by others.
Art.2. Any technique, process, improvement, design or computer software wholly or
partly invented or made during the project shall be property of the Project.