Flashcards
Copyright - Tangible
Flashcards do conjunto (22)
- 1Tangibility - LegislationCDPA s.3(2) & (3)
Copyright does not subsist in a literary, dramatic or musical work unless and until it is recorded in writing or otherwise, that is any other way. It is immaterial whether the work is recorded by or with th epermission of the author. - 2What is excluded from Copyright?Facts,
trivial words,
name,
impromptu speech - 3What determine the first owner of the Copyright?It will be determined by who is the author of the work and their status.
- 4Walter v LaneConcerning: The existence of copyright in an impromptu speech
- The speaker was the author of the written work for copyright purposes. The reporter, having used skilled and judgement and recording the speech using his own choice,, sequence and combination of words, adding structure and punctuation, was the author of that report of the speech, an original work in its own right.
And if the reporter had taped the speech on a tape machine he would have had copyright in sound recording. - 5What does 'work' refer to in Copyright?Literary work,
Dramatic work,
Musical work, and
Artistic work - 6Literary works - LegislationCDPA s. 3(1)
A literary work is any work, other than a dramatic or musical work, which is written, spoken, or sung, and includes a table or compilation (other than a database), a computer program, preparatory design material for a computer program and a database. - 7Dramatic works - LegislationCDPA s.3(1)
A "dramatic" work includes a work of dance or mime. - 8Is dialogue of a dramatic work protected by copyright?Yes, it is, but under literary copyright.
- 9What is the key case of Dramatic work?Norowzian v Arks Ltd.
- 10Norowzian v Ark Ltd.(Dramatic Work)
- Concerning: what constitutes a dramatic work
- The content of the film can be a dramatic work if it is 'a work of action with or without words or music which is capable of being performed before an audience'. A film itself can be a work of action and be performed before an audience. - 11What is not protectable under a film?A film is a dramatic work distinct from the script. Rhythm, pace and movement are ideas, which are not protectable under copyright.
- 12Musical Works - legislationCDPA s.3(1)
'A musical work is one consisting of music, exclusive of any words or action intended to be sung, spoken or performed with music.' - 13What is protectable and unprotectable in music under copyright?Lyrics are protected under literal work while the music is under musical work.
- 14What is the key case of Musical works?Hyperion records v Sawkins
- 15Hyperion records v Sawkins(Musical work)
Concerning: whether a new copyright had been created by substantial editing
Looking at the work as a whole this was not merely transcription. the notes are not the only expression that is protected by copyright. Other elements contribute to the sound of the music when performed and they can be protected if they are the product of an author's effort, skill and time. - 16Artistic work - legislationCDPA s. 4 (1) & (2)
An artistic work means a graphic work (painting, drawing, diagram, map, chart or plan), a photograph, sculpture (which includes a cast or model made for the purposes of sculpture), collage, all irrespective of artistic quality. It also includes a work of architecture ( a building, a fixed structure or a model for a building) or a work of artistic craftsmanship. - 17Define 'sculpture'Definition is sculpture is very wide, but it must be three-dimensional work and some regard has to be had to the normal use of the word.
Supreme court (Lucasfilm v Ainsworth, the star wars case) has proved that this and other cases on sculpture were wrongly decided. An artistic must be involved in the creation of a sculpture. There must be an underlying intention that the 3D object should have some visual appeal,but, remember , it need not have artistic worth. Being functional in addition to have visual appeal will not prevent an object from being a sculpture. Purely functional items such as the helmets worn by the Imperial Stormtroopers in the Star Wars films were held not to be sculptures but could have been protected under unregistered design law. - 18What is the key case of Artistic work?George Hensher v Restawhile
- 19George Hensher v Restawhile- Concerning: What is needed to be a work of artistic craftsmanship
- There was no one legal principle to determine artistic craftsmanship, but solutions offered by the court were:
1. It must give pleasure and be valued for its appearance.
2. It is up to the court to decide after talking to expert witnesses.
3. The author must be consciously trying to create a work of art.
4. There must be genuine craftsmanship involved. - 20What is needed to be a work of artistic craftsmanship?According to
George Hensher v Restawhile
- There was no one legal principle to determine artistic craftsmanship, but solutions offered by the court were:
1. It must give pleasure and be valued for its appearance.
2. It is up to the court to decide after talking to expert witnesses.
3. The author must be consciously trying to create a work of art.
4. There must be genuine craftsmanship involved. - 21Is a 3D chair design under the protection of Copyright?If the chair design have some artistic or at least aesthetic appeal, it will be under the protection of Copyright.
- 22What does secondary or derivative works include?Sound recordings, films and broadcasts.
Informações
- Descrição
- MSc Copyright FlashCards sobre Copyright - Tangible, criado por Jasmine Law em 25-04-2015.
- Criado por
- Jasmine Law
- Visualizações
- 0
- Avaliação