Case Study 1

Key words: Copyright, idea/expression, moral rights, public domain, term, jurisdiction, copyright ownership.

Zanele Dube is a science teacher at a high school and wants to use the following material in her science classes:

* Extracts from Charles Darwin's personal diaries and notebooks;

* Images of Darwin that she downloaded from the internet;

* Extracts from Darwin's book "the Origin of the Species";

* Genetic Code Chart from http://www.indiana.edu/~ensiweb/lessons/psa.gc.pdf;

* A clip from the BBC TV science documentary series “Life" with David Attenborough she taped from television;

* Clips from the film " Creation”;

* Her own original drawings and photographs of animals, trees and fauna she created while on holiday;

* A one page fact sheet about the Evoution she designed and compiled which includes short extracts and images from http://www.guardian.co.uk/science/interactive/2009/feb/12/charles-darwin;

* Her own original quizzes, research, teaching notes and text about Darwin, prepared as part of her teaching job.

Questions (to be answered by each group)

Note: If you need additional information to answer any of these questions, identify that information and how it would affect your responses.

1. Identify which type of material (work and/or subject matter) is protected by copyright and what type of work and/or subject matter for each of the resources listed above.

2. Identify whether or not each of the works and/or subject matter is protected by copyright and who owns copyright in the work. Explain your answers.

DO NOT INCLUDE IN YOUR ANSWER ANY REFERENCES TO COPYRIGHT EXCEPTIONS OR STATUTORY OR VOLUNTARY LICENCES. THESE TOPICS WILL BE COVERED IN CASE STUDY 2 AND 3.

Questions to assist your understanding (not be answered)

1. What is copyright ?

2. What activities does copyright prohibit ?

3. Does copyright protect ideas or only expressions?

4. What types of materials does copyright cover?

5. What requirements must a resource meet for copyright to apply?

6. What is the public domain? When does something enter the public domain?

7. How long does copyright last? Is this the same for different types of material?