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ausip:copyrightownership [2019/03/10 12:07]
jessiej_87
ausip:copyrightownership [2019/09/11 14:32] (current)
nic
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 This chapter explores copyright ownership and the different situations which may effect ownership of copyright content. ​ This chapter explores copyright ownership and the different situations which may effect ownership of copyright content. ​
 +
 +A copyright creator is a person who uses their intellectual abilities, to create a work of literary, dramatic, musical or artistic creativity. There can be more than one creator of a work. In legal documents and legislation,​ the creator is often referred to as the ‘author’. The term ‘author’ is used broadly, so that an author may be an artist or a music composer (not just the writer of a book).
 +
 +A copyright owner is a person who owns the copyright either through creation or by assignment (legal transfer of ownership). Generally, a person who creates the work also automatically owns the copyright. However, there are certain exceptions to this rule. The creator of a work and its copyright owner will not always be the same person.
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 +<WRAP round info 60%>
 +It’s interesting to note that under the law, only a human being can be the *creator* of a copyrightable work. However, the right to own copyright extends to artificial entities such as a company.
 +</​WRAP>​
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 +A copyright owner has exclusive rights in their work. This means that if anybody else wants to use a copyright protected work, they must obtain the copyright owner’s permission or they must operate under a legal exception.
  
 ## Ownership of Original (Part III) Works ## Ownership of Original (Part III) Works
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 +<WRAP case>
 __//​Donoghue v Allied Newspapers Ltd//__ (([1938] Ch 106)) __//​Donoghue v Allied Newspapers Ltd//__ (([1938] Ch 106))
  
 Held, where a person communicates an idea to an author and the author clothes the idea in the form of an article or articles, the copyright is owned by the author. Held, where a person communicates an idea to an author and the author clothes the idea in the form of an article or articles, the copyright is owned by the author.
 +</​WRAP>​
  
  
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