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Anna graduated in film studies and is trying to establish a career as a director. In order to establish her reputation, she has made a short film on a shoe-string budget. The film, Cartref, is intended as an exploration of the influence of Swansea, her home city, on her life. It is predominantly a monochrome work and was made without actors. She shot many hours of footage of unscripted conversations between residents of Swansea and selected extracts for inclusion in the final version of the film. These extracts were combined with footage of the local land- and sea-scape against a soundtrack of Anna playing her own music on the piano. The film has a melancholy, poetic beauty and has won several awards for young film-makers. Anna met her best friend, Belinda, on her film studies’ course. They meet up every week for a coffee and a chat. Shortly after graduation, during one of these meetings, Belinda said: “You’re obsessed with Swansea. You should make a film about the hold that city has on you.” It was following this meeting that Anna began to think about making Cartref. At a number of subsequent meetings, Anna and Belinda discussed progress on the film. It was Belinda who suggested that Anna should include shots of the sea and also came up with the idea of using Anna’s own piano-playing as the soundtrack. On one occasion, Belinda even accompanied Anna to Swansea to discuss potential shots for the film. When Cartref was completed, Anna said to Belinda: “I’m really grateful for all of your help with the film. I’m going to take you out for dinner as a thank you.” Constance is a film student. Inspired by Cartref, she made a film in homage to her own home town, Scarborough. It also includes extracts from conversations between local residents and incorporates long shots of the North Sea. She has uploaded the film to YouTube in the hope of attracting funding for future projects. Following the online launch of Cartref, Dawud copied a five-second clip from the film and uploaded it to his social media accounts, accompanied by the comment: “Just seen a new film, Cartref. This bit takes the biscuit.” The clip shows a seagull flying in through a café’s front door and taking a custard cream from a customer’s hand. It has become a meme and has been shared millions of times. The shot had been caught inadvertently during filming. Anna is unhappy that Constance has “ripped Cartref off” and considers that her work has been demeaned by Dawud’s post and the subsequent circulation of the seagull meme. Belinda is claiming a share in the rights in the film. Advise Anna (i) whether she is the owner of the copyright in Cartref and (ii) whether she may have any claims under the Copyright Designs & Patents Act 1988 on the above facts. And “The concept of the ‘work’ under the Copyright Designs & Patents Act 1988 remains an uncertain one.” It needs to be around 2500 words each question and in total no more than 5000 words
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