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Flussdiagramm

Subject Matter - Copyright

Abi Simpson Intellectual Property Englisch

Flowchart on copyright subject matter: protected works, artistic works, musical works and dramatic works

Flowchart: Copyright subject matter

Inhalt des Flussdiagramms

  1. What is protected?

  2. Musical Works

  3. Dramatic Works

  4. Artistic Works

  5. Entrepreneurial Works

  6. s4 CDPA

    Visually significant (Interlego v Tyco)

    Low threshold e.g. football club badges (Football League v Panini)

  7. Problematic in its overlap with design law

    Paintings are not an idea, but an object; make-up not an

    painting (Merch Corp v Harpbond)

    Collages need substance (something to stick) as opposed to

    layering images (Creation Records v NGN)

    Sculptures must be aesthetic (Lucasfilm v Ainsworth)

  8. Work of Artistic Craftsmanship

    Hensher v Restawile: 'Artistic'

    Lord Reid: one must get 'pleasure or satisfaction from contemplating it

    Lord Morris: it is a matter of personal judgement

    Lord Kilbrandon: was the author one who was consciously concerned to produce a work of art

    Viscount Dilhorne: a question of fact for the court to consider

    Lord Simon: expert evidence required

  9. Work of Artistic Craftsmanship

    Hensher v Restawilde: 'Craftsmanship'

    Lord Simon: presupposing 'special training, skill and knowledge'

    for its production

    As well as a 'manifestation of pride in sound workmanship'

    Lord Reid & Viscount Dilhorne: requirement for handmade

    Lord Simon: should not be limited to such

  10. Point of critique:

    What is 'artistic' is incredibly subjective, and whilst 'artistic craftsmanship' must remain as a combined phrase, it is difficult for the ordinary person to assess what is artistic.

  11. s3 CPDA

    Must separate out lyrics (a dramatic work) from the melody which is musical

    No definition as to what music is but the sound of music is intended to produce effects of some kind on the listener's emotions

    and intellect (Sawkins v Hyperion Records)

  12. Authorship v Performers

    Hadley v Kemp: in order to be rendered a joint author,

    one must assert that:

    1) Their contribution to the work was significant and original

    ​​​​​​2) the work must have been produced in a process of collaboration

    3) their respective contributions must be distinct or separate from each other

  13. s3 CPDA

    A key element is for dance, mime or

    instruction to be present.

    A rough outline may not be sufficient

    (ideas not protected)

    The work requires unity or certainty of

    structure - it must be able to be

    repeated

  14. Green v Broadcasting Corp NZ

    Weekly gimmicks, stock phrases or elements may not be

    enough to constitute a dramatic work of a TV Format;

    participants and scenes change from time to time;

    and not protected in copyright but protected in

    contract, trade-marks, confidential info etc.

  15. Norowzian v Arks (No. 2)

    If a film can be played to the audience, it is capable

    of being performed = dramatic work

    Yet Nova v Mazooma

    If a sequence of images changes from

    game to game, this is not a dramatic

    work.

  16. Sound Recording: s5 CDPA

    A recording of sounds, from which the sounds

    may be reproduced or;

    ​a recording of the whole or any part of a literary, dramatic or musical work, from which the sound recording may be produced

    Regardless of the medium on which it is made, or the method by which it is (re)produced

    No copyright in a copy of a previous

    sound recording.

  17. Broadcasts: s6 CDPA

    Electronic transmission of visual images, sounds or other information

  18. Typographical Arrangement

    The way in which the words/pictures are arranged on the paper e.g. a layout of a newpaper

  19. Literary Works

  20. written, spoken or sung, and accordingly includes:

  21. A title of a book cannot be considered a literary work for the purposes of a copyright (especially because they did not copy the entirety of the plot):

    Francis, Day & Hunter Ltd. v. Twentieth Century Fox Corp (1939) PC - Concerning the title The Man who Broke a Man at Monte Carlo

  22. A table or compilation

    A computer program

    Preparatory design material for a computer program

    A database

  23. Can include low threshold examples such as:

    Examination Papers: University of London Press v University Tutorial (1916)

    Football Coupons: Ladbroke v William Hill (1964)

    Translations: Byrne v Statist (1914)

Informationen

Beschreibung
Intellectual Property (Copyright) Flussdiagramm am Subject Matter - Copyright, erstellt von Abi Simpson am 07/11/2018.
Erstellt von
Abi Simpson
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