These revision notes are a culmination of IP Lectures on Copyright, Seminar Classes and IP textbooks. They cover cases, highlighted key words, summaries, statute and full references to the Intellectual Property textbook. All broken down in stages and colour coding over 14 pages of good old Copyrigh...
dealing with artistic creation = the target of copyright law.
An exclusive property right over intangible goods: a right to copy.
1) What is the intangible things that has been created? – Subject
Matter
2) Who is behind that creation? – Author
3) What Rights (moral + Economic) and Duration
4) Rights infringed? – Has there been an copyright infringement
5) Defences?
1) Subject Matter
section 1 CDPA (1988)
Copyright is a property right which subsists in accordance with this part in the following
descriptions of works
a) Original literary, dramatic, musical or artistic works [authorial copyright]
b) Sound recordings, films or broadcasts,
[entrepreneurial copyright]
c) the typographical arrangement of published editions
= original means originating from the author. “labour, skill or effort”
= EU originality “intellectual creation” personality conception
= oringiality of the expression rather than orginiality of ideas.
Literary works section 3 CDPA (1988):
Any work which is written, spoken or sung
- There is a low threshold
- Leading case University of London Press v University Tutorial = covers work which is
expressed in print or in writing irrespective of whether the quality or style is high.
Papers set by examiners are literary work within the meaning of the act. Defined just
that the work is written.
- More or less anything can be copyright but not a single word shown in Exxon
Corporation v Exxon Insurance (1982) judges don’t want to monopolised language,
insufficient as there is not enough labour or skill in coming up with the word.
- Telephone directory book, shopping list etc could constitute a literary work Football
League v Panini (2004) compilation of photographs of football players constituted as
a literary work = they was ordered systematically.
Musical Work section 3 CDPA (1988):
A work consisting of music, exclusive of any words or action intended to be sung or
performed with the music.
, - Leading case with a good definition: Sawkins v Hyperiod Records (2005) the essence
of music is combining sounds for listening to …. That produce effects of some kind on
the listeners emotions and intellect.
- Single note is not sufficient a four-note theme is good though. Lawson v Dundas
(1985) quantity
- Melody is the easiest way to recognise musical work
Dramatic work Section 3 CDPA
A work that requires acting or dance for its representation or delivery. There will be some
instructions added to the text that make dramtic work to exist.
- A rough outline/ synopsis will not be preotected as ideas are not protected.
- A work that requires unity, certainity of structure something that can be repeated
e,g a script can be repeated by different actors.
- Norowzian v Arks (No.2) (2000) Court of Appeal decision = what was litigated was a
TV commercial wher an actor was dancing in a way that no human being was
capable to act such as like in matrix – you need a special technology to allow a
person to act in this way. Defendant did not copy the TV commercial he hired a
different actor but used the same special effects of dance so that the gestures and
movement was the same.
Court of Appeal = The film presented a man dancing, which had been edited to
create anillusion that the dancer performed certain movements which in reality no
human could perform. The CA said that because it was possible for the film to be
played before an audience, it was therefore “capable of being performed”; and
therefore could also be a “dramatic work”
Artistic Work Section 4 CDPA
A graphic work, photograph, sculpture, or collage irrespective of artistic quality, a work of
architecture, a work of artistic craftsmanship. Interlego v Tyco (1988) = the essence of
artistic works is that which is “visually significant”
- Graphic works = low threshold such as football club badges Football v Panini (2003)
- Paintings = not an idea it is an object and paint, without surface is not a painting.
Merchandising Corporation v Harpbond (1983) makeup of an artist is not a painting
in copyright law as Lawton LJ held that skin cannot be the surface of a painting in the
way that a canvas can as it lacks sufficient permanence.
- Drawings: the list is non-exhaustive e.g cartoon characters King Features Syndicate v
OM Kleeman (1941)
- Photograph = defined in section 3(2)b CDPA 1988 “means a recording of light or
other radiation on any medium on which an image is produced or from which an
image may be any means produced and which is ot part of a film.” Any photograph
without an artistic intention will be covered by CR e.g photographs of film is not
coverfed. Spelling Goldberg v BPC Publishing RPC (1981).
- Collage = Creation Records v News group Newspaper (1977) the oasis cover case =
judge says you have to actually put things together just akign a photograph will not
be a collage you have to actually do it.
- Sculptures = Made for the purposes of sculpture and appreciated by the audience as
a sculpture not in another way. LucasFilm case the more functional the item the less
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