Critically assess the evolution of the law of copyright in the relation to film in the UK.

Thèmes abordés

Evolution law of copyright relation to film UK

Résumé du document

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) copyright law (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 copyright law 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.

Extraits

[...] 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. [...]

[...] After the registration or the first publication, the subsistence of the copyright is 50 years. Concerning the criterion of originality, according to the 1911 Act, “dramatic works included any cinematograph production where the arrangement of acting form or the combination of incidents gives the work an original character”[11] For the copyright protection under the 1956 Act, the criterion of originality is not required. II. THE CURRENT COPYRIGHT LAW SINCE THE 1988 ACT: A DUAL PROTECTION A. THE 1988 ACT The Copyright, Designs and Patents Act of 1988, does not deal with certain subjects elaborated by the precedent Act like the original work and copyright. [...]

[...] It was argued by the plaintiff that there was an infringement of its copyright due to the copying in the cinematographic film. The Court decided that it was this part of film can be considered like the film itself but single frame could not be considered as a copy of a substantial part of film, lacking the characteristic impression of motion of a film”. The Court of Appeal considered that single frame was part of the film”. (1908) 1 KB 821; 98 LT 706; 77 LJKB 577; 24 TLR 347; 52 SJ 276. [...]

[...] In 1956, the new Act, “cinematographic works” are completely excluded from photographs and dramatic works' definition[7]. Concerning the application of copyright protection (infringement and subsistence), under the 1862 Act, no “performing right” or “exhibition right” was established. Nevertheless, the Court of appeal in the Tate V. Fullbrook[8] decided that dramatic works benefited from copyright protection under the Dramatic Copyright Act of 1833 and the Copyright Act of 1842. Indeed, publishing and printing in relation to the “final cinematographic work” were possible. [...]