The Copyright Design & Patents Act 1988 (OCR A Level Computer Science)
Revision Note
Written by: Jennifer Page
Reviewed by: James Woodhouse
The Copyright Designs & Patents Act 1988
What is the Copyright Designs & Patents Act?
This protects the intellectual property of an individual or a company
It makes it illegal to copy, modify or distribute software or other intellectual property without the relevant permission
If original work is original, copyright will be automatically applied and will not expire until 25 - 70 years from the death of the creator depending on the type of work
If an individual believes that their work has been copied it is their responsibility to take action under the Copyright Designs and Patents Act
Many sites online offer free downloads of copyrighted software/videos which prevents the intellectual copyright holder from earning their income on the work they have created
E.g. If someone downloaded videos from Netflix and shared them with others, they would be breaching the act
The act covers videos and audio where peer-to-peer streaming prevents a copyright owner from receiving an income
What is Prohibited Under the Copyright, Designs & Patents Act?
Primary Breaches:
Copying an original work
Issuing the copy of the original work to the public
Renting/lending the copy of the original work to the public
Performing, showing or playing the original work in public
Making an adaptation of the original work
Secondary Breaches:
Importing a copy of original work
Possessing or dealing with a copy of the original work
Providing means to make copies of the original work
Permitting the use of premises for making copies of the original work
Provision of props/equipment for a performance of a copy of the original work
Case Study
Ed Sheeran Vs Marvin Gaye (External link to bbc.co.uk)
A case was brought against Ed Sheeran about his song 'Thinking Out Loud'
Ed Sheeran won his case which ruled that he did not copy ‘Let’s Get It On’ by Marvin Gaye whilst composing ‘Thinking Out Loud’
The heirs of Gaye’s co-writer argued that Sheeran owed them money for infringement of copyright
Sheeran said that if he was found guilty he would give up his music career
The songs were said to have a similar chord progression but it was argued that these are the base of all modern songs and should be free to use
Sheeran won a high court battle in London in 2022 over the copyright of his 2017 song ‘Shape of You’
In 2015 Gaye’s heirs won a $5.3m judgement from a lawsuit claiming that Robin Thicke’s ‘Blurred Lines’ copied Gaye’s ‘Got to Give it Up’
Examiner Tips and Tricks
Make sure that you specify that the Copyright Design and Patents Act covers original work and is automatically applied from the creation of the work, then talk about what this means for the distribution of the work. For example:
The work was protected by the Copyright Designs and Patents act when it was created. Therefore if anyone wishes to distribute it they have to gain the owner’s permission, if they just posted it to the internet then this would be in breach of the act.
Also when referring to the name of the act, ensure you use its full name (The Copyright, Designs and Patents Act). It's not called the Copyright Act. If you use a shortened version it may cost you marks in the exam
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