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This lesson covers the Copyright, Designs and Patents Act 1988 (CDPA) as required by OCR J277 Section 1.6. This act protects the intellectual property of creators and is particularly relevant to the software industry.
Copyright is a legal right that gives the creator of an original work exclusive control over how it is used, distributed, and reproduced. Copyright applies automatically when an original work is created — the creator does not need to register it or apply for it.
| Type of Work | Examples |
|---|---|
| Literary works | Books, articles, blog posts, computer programs (source code) |
| Dramatic works | Plays, screenplays, choreography |
| Musical works | Songs, compositions, musical scores |
| Artistic works | Paintings, photographs, sculptures, graphics |
| Sound recordings | Music tracks, podcasts, audio books |
| Films | Movies, documentaries, video content |
| Broadcasts | TV and radio programmes |
| Typographical arrangements | The layout of published editions |
OCR Exam Tip: Software (source code) is protected as a literary work under copyright law. This means copying, distributing, or modifying someone else's software without permission is illegal.
The Copyright, Designs and Patents Act 1988 provides the following protections:
The copyright holder has the exclusive right to:
No one else may do any of these things without the copyright holder's permission (a licence).
| Type of Work | Duration |
|---|---|
| Written, dramatic, musical, artistic works | Life of the creator + 70 years |
| Sound recordings | 70 years from publication |
| Films | 70 years after the death of the last surviving principal director, author, or composer |
| Broadcasts | 50 years from first broadcast |
| Typographical arrangements | 25 years from first publication |
Software is one of the most commonly copied types of work. The CDPA 1988 protects software in several ways:
| Action | Legal? |
|---|---|
| Buying software and using it as licensed | Yes |
| Making a backup copy for personal use (if licence permits) | Usually yes |
| Copying software and giving it to a friend | No — copyright infringement |
| Downloading pirated software from the internet | No — copyright infringement |
| Modifying or reverse-engineering proprietary software | No (without permission) |
| Distributing cracked or patched versions of software | No — copyright infringement |
A software licence is a legal agreement that defines how software can be used. When you buy or download software, you are purchasing a licence to use it — not the software itself.
| Licence Type | What It Allows |
|---|---|
| Proprietary | Use only as specified; source code is not available |
| Open source | Use, modify, and distribute; source code is available |
| Freeware | Free to use but source code is not available; cannot modify |
| Shareware | Free trial with limited features; pay for full version |
A patent protects inventions — new products, processes, or methods. Unlike copyright (which protects expression), a patent protects the idea or mechanism itself.
| Feature | Copyright | Patent |
|---|---|---|
| Protects | The expression/form of a work | The invention/mechanism |
| Registration | Automatic — no registration needed | Must be applied for and granted |
| Duration | Life + 70 years (for written works) | 20 years |
| Cost | Free | Expensive to apply for and maintain |
| Example | The source code of a program | A novel algorithm or hardware invention |
In the UK, pure software cannot be patented (it is protected by copyright). However, software that produces a technical effect (e.g. controlling a machine) may be patentable.
The CDPA also covers the protection of designs — the visual appearance or configuration of a product. This is relevant to technology products (e.g. the distinctive shape of a smartphone or the layout of a user interface).
| Consequence | Detail |
|---|---|
| Civil action | The copyright holder can sue for damages (compensation) |
| Criminal prosecution | Serious infringement (e.g. large-scale piracy) can result in criminal charges |
| Imprisonment | Up to 10 years for serious offences |
| Fines | Unlimited fines for criminal copyright infringement |
| Injunctions | Courts can order the infringer to stop using or distributing the work |
OCR Exam Tip: In the exam, you might be asked how copyright law applies to a specific scenario involving software, music, or images. Always identify: what work is being copied, who owns the copyright, and whether the use is authorised. Mention that software is protected as a literary work.
flowchart TD
C((CDPA 1988)) --> COPY["Copyright<br/>automatic"]
C --> PAT["Patents<br/>20 years, applied for"]
C --> DES["Designs<br/>visual appearance"]
COPY --> WORKS[Protected works]
WORKS --> W1["Literary<br/>incl. source code"]
WORKS --> W2["Musical, dramatic,<br/>artistic"]
WORKS --> W3["Sound recordings,<br/>films, broadcasts"]
COPY --> LIC[Software licences]
LIC --> L1["Proprietary<br/>paid, closed source"]
LIC --> L2["Freeware<br/>free, closed source"]
LIC --> L3["Shareware<br/>free trial"]
LIC --> L4["Open source<br/>GPL / MIT / Apache"]
L4 --> L4a["Modify,<br/>redistribute allowed"]
COPY --> INF[Infringement]
INF --> INF1[Civil damages]
INF --> INF2["Criminal up to<br/>10 yrs / unlimited fine"]
The Copyright, Designs and Patents Act 1988 protects the intellectual property of creators, including software developers. Copyright applies automatically to original works and gives the creator exclusive rights to copy, distribute, and adapt their work. Software is protected as a literary work, and copying or distributing software without a licence is illegal. For the OCR J277 exam, be able to apply the act to scenarios involving software piracy, music downloading, or image sharing.
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