Copyright: Current Issues and Developments 21 January 2003 Simon Stokes Partner Tarlo Lyons, London EC1

Copyright and database right - the basics Current developments The future This talk

A property right; distinct from property in the work/material itself e.g. a letter Right to prevent copying of all or substantial part of a work; includes electronic storage Works defined by law (literary, artistic, musical, dramatic…) Formalities (nationality of author/place of publication) Copyright

Typographical copyright Duration - life plus 70 years Special rules: Crown copyright, anonymous works, computer programs If work out of copyright but unpublished - 25 year publication right Ownership: employee, commission, assignment... Copyright (Contd)

Copyright exceptions: fair dealing etc Moral rights paternity integrity false attribution privacy Copyright (Contd)

a collection of independent works, data or other materials arranged in a systematic or methodical way and individually accessible by electronic or other means Copyright for original databases; sui generis protection for other databases where substantial investment extraction or re-utilisation of whole/substantial part (evaluated quantitatively and/or qualitatively) repeated and systematic extraction or re-utilisation of insubstantial parts Database Right ( Directive 96/9/EC )

New copy right right of communication to the public Revisions to exceptions commercial research no longer fair dealing Strengthen online copyright: technical measures Copyright Directive 2001/29/EC

All documents made available for access or used by public sector bodies as input for information products or services which they commercialise Document = any content whatever its medium Must make available Charging principles Non-discrimination Proposed Directive on re-use and exploitation of Public Sector information

Copyright will remain a mix of various rules Increased international harmonisation Resources: Future