Copyright, Designs and Patents Act 1988

Definition

The Copyright, Designs and Patents Act 1988 protects the intellectual property rights of creators, including software developers.

Key Point

What Copyright Protects:
• Software source code and object code
• Website content and design
• Documentation and manuals
• Graphics and user interfaces
• Database structure and content
• Music, videos, and images

Key Points:
• Copyright is automatic - no registration required
• Lasts 70 years after creator's death (literary works)
• Protects expression, not ideas
• Software is protected as a "literary work"

Key Point

Copyright Infringement Includes:
• Copying software without a licence
• Distributing pirated software
• Adapting software without permission
• Sharing copyrighted content online
• Using images without permission

Exceptions (Fair Dealing):
• Research and private study
• Criticism and review (with attribution)
• News reporting
• Making backup copies (if licence permits)

Example

Software licensing: when you buy software, you usually buy a licence to use it, not ownership of the software itself.

Licence type	Typical characteristics
Proprietary	Paid/restrictive, no source modification
Open Source	Free to use/modify/distribute under licence terms
Freeware	Free to use, modification usually not allowed
Shareware	Trial period, then payment required

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Question

Copyright, Designs and Patents Act (1988)

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Answer

UK law that gives the creator of an original work, such as software, music, video or images, automatic ownership of it. Others may not copy, use or distribute the work without permission, which can be granted, bought or licensed.

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Copyright, Designs and Patents Act (1988)
UK law that gives the creator of an original work, such as software, music, video or images, automatic ownership of it. Others may not copy, use or distribute the work without permission, which can be granted, bought or licensed.
Intellectual Property Protection
Original creative work, such as program code, music, images and writing, is treated in law as belonging to its creator. Under the Copyright, Designs and Patents Act the creator decides who may copy, adapt or sell it.
Copyright Duration
Under the Copyright, Designs and Patents Act, protection is not permanent: for most works, including software, it lasts for the creator's lifetime plus 70 years, after which the work may be used freely.
Illegal Distribution
Copying, sharing or selling a protected work without the owner's permission, such as pirating software or uploading films for others to download. Under the Copyright, Designs and Patents Act the offender can be fined or prosecuted.
Digital Copyright
Under the Copyright, Designs and Patents Act, works held or sent electronically, such as software, streamed video and online images, are protected like any other. A subscription or licence only gives permission to view or use them.

1 OCR past paper question (2 marks) with mark schemes

Question 1H446/01 · June 20222 marks
Explain how the Copyright Designs and Patents Act 1988 applies to videos that are streamed.
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The videos are the intellectual property of the creator Streaming without permission is infringement / illegal Even temporary copies in memory may constitute infringement (2 marks)
Mark yourself: how many marks did you get?
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Exam questions on Copyright, Designs and Patents Act 1988

Past paper questions