Subject Matter - Copyright

What is protected?

Musical Works

Dramatic Works

Artistic Works

Entrepreneurial Works

s4 CDPA

Visually significant (Interlego v Tyco)

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

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)

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

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

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.

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)

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

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

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.

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.

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.

Broadcasts: s6 CDPA

Electronic transmission of visual images, sounds or other information

Typographical Arrangement

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

Literary Works

written, spoken or sung, and accordingly includes:

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

A table or compilation

A computer program

Preparatory design material for a computer program

A database

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)