Defining The Area Of Intellectual Property Law That Regulates Copyrighted Work

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The term of ‘copyright’ used to describe the area of intellectual property law that regulates copyrighted work such as book, songs, films and computer programs. This is governed by Copyright, Designs, and Patents Act 1998 (CDPA). Sec 1 of CDPA give the creator right to protect over literary, artistic, musical and dramatic work as well as film, sound recordings and typographical arrangements. This concept expressed in Art 2 of TRIPS that it protects the expression of an idea. However, when an idea could only be expressed in one particular way, it won’t t be protected because it would monopolise the idea. As to general rule, infringement requires “substantial part” of work to be copied that refers to quality, not quantity. It should be…show more content…
The recent exemptions as of 1 October 2014, intended for personal copies for private use and also quotation and parody. These changes arose by Gowers Review 2006 and the Hargreaves Review 2011. The reasoning was to make it fit for purpose in digital age, deliver economic growth, and confer greater freedom for certain bodies. However, this changes is likely to affect businesses, publisher, individual and institutions who deal in copyright works. A landmark case on private use exemption can refer in Basca and others v Secretary of State for Business Innovation & Skills. This case significance to Section 28B of CDPA, any person who legitimately acquired content (music, film and books) could copy the work for private use and could storage onto other format without infringing. Here, a number of music industry bodies sought a judicial review on the basis that Section 28B failed to provide a fair compensation to right holders. Article 5(2)(b) of InfoSoc Directive permits member states to came up with private copy exception if the copy for private use caused no more than minimal harm to copyright holders, otherwise compensation would be payable. In UK, government create an exception which caused zero or minimal harm to right holders and implemented a narrow concept which is only for purchaser, thus copying by family, friends or within a social circle is not permitted. The value of copying in the exception built into the initial price of content by
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