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Entrepreneurial Copyright


Lawdit Solicitors - Expert Author

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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 of medium.

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 program service.

Published editions means typographical arrangement of the whole or part of one or more literary, dramatic or musical works.

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.

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Article Published/Sorted/Amended on Scopulus 2011-01-25 13:55:29 in Legal Articles

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