Copyright-Subject Matter

Copyright-Subject Matter

1. Criteria for protection - s(1)

   • Literary Works s3(1) CDPA 1988
     • Definition of Written s178
     • No test of Quality is to be Used- Universtiy of London Press
       • Hollinrake v Truswell - Afford either information and instruction or pleasure in the form of literary enjoyment.
         • Newspaper Licencing Agency v Meltwater Holding "headline is plainly literary as it consists of words"
       • Database s3A CDPA - Fixtures Marketing Limited v OPAP AE
       • Computer Programs SAS Institute Inc v World Programming
   • Dramatic Works s3(1)
     • "Must have sufficient unity to be capable of performance" TV needs to be recorded Green v Broadcasting
       • Medcalf v Mardell - TV is literary
     • Films s5B
       • Norowzian v Arks - "Film will often, though not always, be a work of action and be capable of being performed before an audience"
         • But over editing will not be a film
   • Musical Works s31 (1) CDPA
     • Sawkins v Hyperion Records
       • The music and lyrics are separate. written score or a record is not itself the music which copyright subsits
       • Music is not the same as mere noise "sigh"
   • Artistic works s4 (1) (2)
     • No test of quality - Thomson v Barton
       • Must be Visually Significant - Interlego
     • Cant be temporary (fixation)
       • Facial Make-up Merchandising Corp - Nope
       • Assembly Objects Creation records- Nope
     • Graphic works - Industrial plans, hand on a 'how to vote' card, architects plans mould use in Frisbee production.
     • Photograph- Paintings, 3D artworks, Iconic images, Portrait
     • Works cant be both literary and artistic
       • Looks at the whole article. If that design or literary piece can be applied differently in different situations it doesn't subsist.
         • Electronic Techniques Ltd v Critchely Components
   • Works not requiring originality
     • Sound Recordsings s5A
     • Films s5B
     • Broadcasts s6
       • Copright and Related rights regulation
     • Published editions s8
       • Effort of the publisher (newspapers licensing agency v marks and spencer
   • EU (Emphasise on originality)
     • (EU) InfoPaq - No longer just this subject
       • Football association 'creative freedom' created it
       • 'Presonel touch@ Eva-maria Painer
     • S3A (2)
     • Football Dataco v Yahoo - Database will only quality where the data amounts to an original expression
   • Excluded
     • Glyn v Weston filmn Feature - Obscene, blasphemous or immoral works.

2. Fixation s3 (2)

   • Paint without a surface is not a painting -Merchandising Corp

3. Originality s5A 6B and 8 (2)

   • The word original does not in this connection mean that the work must be an expression of original or inventive thought copyright is only concerned with the expression of thoughts -University of London Press
     • Work must originate from the author and have a certain amount of labour - (Ladbroke v William Hill)
       • For Derivative works there must be a "material change" - Macmillian v Cooper
         • However Sawkins v Hyperion found an accurate reproduction was allowed

4. Compilations - Cramp v Symthson - Insufficient labour/skill will not allow.

   • Compare Labour - Originality different approaches