Submit Articles Back to Articles
Issued on 1st October 2010
Entrepreneurial copyright protects people
who invest in creativity such as production companies, broadcasters and
publishers and provides the right to stop copying of relevant work.
Entrepreneurial rights include sound
recordings, broadcasts, films and published editions.
According to the Copyright, Designs and
Patents Act 1998;
sound recordings are the whole or any part
of a recording of literary, dramatic or musical work from which sounds
reproducing the work or any part of it which may be produced regardless
Film means a recording on any medium from
which a moving image may by any means be produced. Any sound track
accompanying the film shall be treated as part of the film.
Broadcasts mean electric transmissions of
visual images, sounds or other information which is transmitted for
simultaneous reception by members of the public and is capable of being
lawfully received by them. This does not include the internet unless
the broadcast is also by other means, or live, or part of another
Published editions means typographical
arrangement of the whole or part of one or more literary, dramatic or
There is no requirement of originality and
minimum effort for entrepreneurial copyright to exist.
S.5(2), s.6(6) and s.8(2) of the
Copyrights, Designs and Patents Act 1998 all provide that copyright
does not subsist in a sound recording, film, broadcasting or published
edition which is a mere copy.
S.9 of the Copyrights, Designs and Patents
Act 1998 deals with ownership. It provides that a producer will own the
copyright to a sound recording, a producer and principle director will
own the copyright to a film, the person making the broadcast will own
the copyright to a broadcast and the publisher will own the copyright
to a published edition (typographical arrangement).
Of the above mentioned entrepreneurial
rights only films have moral rights which vest in the director.
The duration of the entrepreneurial
copyright is dealt with in ss.13A, 13B and 14 of the act and depends on
the type of right concerned. Sound recordings are protected for 50
years from the release. Films are protected for 70 years from the death
of the last of the following to die; the director, screenplay author,
dialogue author or composer. Broadcasts are protected for 50 years from
the first broadcast and typographical arrangements for 25 years from
the end of the year of publication.
By Lawdit Solicitors is a commercial law firm
based in Southampton with associate offices in London, Rome and Malaga.
Address: Lawdit Solicitors, 1 Brunswick Place, Southampton, SO15 2AN.
Tel: +44(0)23 80235979 Fax: +44(0) 23 80632849
About the Author
Lawdit Solicitors offer services and
advice for litigation, commercial contracts, Intellectual Property and IT legal
agreements. We are experts in commercial law with a heavy emphasis on
Intellectual Property, Internet and e-commerce law. Lawdit is a member of the
International Trademark Association, the Solicitors' Association of Higher Court
Advocates and we are the appointed Solicitors to the largest webdesign
association in the world, the United Kingdom Website Designers Association.
Follow us @Scopulus_News
Article Published/Sorted/Amended on Scopulus 2011-01-25 13:55:29 in Legal Articles