Media & Creative Industries Factsheet
The Cut-Out-and-Keep Copyright Cheat Sheet
Set out on this sheet is a summary of the works that are protected by copyright
and (overleaf) those acts (restricted acts) that are controlled by the copyright
owner and that therefore require consent or a licence from the owner to the
prospective user of a copyright work. Each restricted act applies to each protected
work.
Works Protected by Copyright
Original Literary Work
Sound Recording
Any work (other than dramatic or
musical) that is written, spoken or sung
and includes a table or compilation and
a computer programme.
Recording of sounds from which the
sounds may be reproduced, recording
of all or part of a literary, musical or
dramatic work from which sounds
reproducing the work may be produced,
regardless of the medium of recording or
method of reproduction.
Original Dramatic Work
Includes a work of dance or mime.
Original Musical Work
Excludes words or actions intended
to be sung or performed with the music.
Note: Under US law a song copyright
includes both the words and the music
in a single musical work copyright.
Original Artistic Work
Graphic works (including painting,
drawing, diagram, map, chart or plan),
photograph, sculpture (including a cast
or model made for the purpose), collage,
work of architecture (ie a building or
a model for a building) and a work of
artistic craftsmanship.
Film
A recording on any medium from which
a moving image may be reproduced. A
film will contain any number of other
original protected works.
Note: this would include, for example,
a piano roll for playing on a pianola or
a music box. The sound recording will
contain other original protected works,
such as music or words.
images, sound or other information by a
telecommunications system other than
by wireless telegraphy (ie carried by a
tangible conduit) for members of the
public or 2 or more persons at the same
time. A cable programme will embody
a number of other original protected
works, plus sound recordings and films.
Typographical Arrangement of a
Published Edition
A published edition of all or part of one
or more literary, musical or dramatic
works.
Broadcast
An Adaptation
A transmission by wireless telegraphy
of images, sounds or information where
the transmission is either transmitted
to members of the public or lawfully
received by members of the public. This
includes satellite. The legal location of
a satellite broadcast is the country from
which the “upleg” originates. A broadcast
will embody a number of other original
protected works, plus sound recordings
and films.
Provided the adaptation has been made
with the consent of the owner of the
underlying work – see section over on
restricted acts.
Cable Programme
Any item in a cable programme service
which is a service consisting of sending
Restricted Acts
Copy
Reproduction in material form which
includes storage in an electronic
medium. It applies to the copy of all or
a substantial part of a work. Note: What
constitutes substantial is determined
by reference NOT to quantity but to the
value or significance the part copied
bears in relation to the whole, ie a
qualitative judgment. In relation to an
artistic work this includes conversion
from 2D to 3D or vice versa.
Issue Copies to the Public:
A: Sale
The release of copies into circulation
and also designed to give protection to
owners from private copying.
Issue Copies to the Public
B: Rental
require a licence – for example playing
records in a record shop to promote
sales. What is at issue is the relationship
between the rights owner and the
audience not the nature of the event,
ie would the value to the owner of the
work be eroded by the use?
Communication to the Public
B: Broadcast or Include in a Cable
Programme
Broadcast includes satellite as well
as terrestrial transmissions and this
restricted act also now includes on
demand and interactive services
where the public can choose their
time and place of reception, ie on-line
dissemination.
otherwise to be said to have taken place.
It includes a translation into another
language, converting a play into a novel
or vice versa and for a musical work it
is any arrangement or transcription. See
under Copying for artistic works.
Note: a lawful adaptation itself enjoys
copyright protection subject to the rights
of the owner of the underlying work that
has been adapted – see under Protected
Works.
Note: Some artistic works also attract
a re-sale right (14th February 2006 EC
2008/84) – currently available to living
authors but required by the EU to be
extended by 2010 to the works of all
artists whose work is still in copyright.
Adapt
Relates to a literary, dramatic or musical
work and must be recorded in writing or
Rental is the temporary provision of
copies for direct or indirect economic
advantage. It is restricted to most artistic
works, literary, dramatic and musical
works, plus films and sound recordings.
Issue Copies to the Public
C: Lending
Lending relates only to loans through
a public establishment (eg libraries).
It is restricted to most artistic works,
literary, dramatic, musical, plus films
and sound recordings.
Communication to the Public
A: To Play, Show or Perform in Public
Note: it is only sufficient that this should
be incidental to a commercial activity to
Contact Us
If you would like to discuss matters further, please dial 01273 775533 and ask to speak to someone on our Media and Creative
Industries team who will be able to assist you. Alternatively email maci@mayowynnebaxter.co.uk
Disclaimer: This document is written as a general guide only and is not intended to provide legal advice. © Mayo Wynne Baxter
October 2014 all rights reserved.
www.mayowynnebaxter.co.uk
Mayo Wynne Baxter is the trading name of Mayo Wynne Baxter LLP which is a limited liability partnership. We use the word partner to refer to a member of the LLP or an employee or consultant with
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