O GoConqr está de visual novo! Conte para nós o que você achou.

Mapa mental

Copyright-Subject Matter

James Senor Inglês

Conteúdo do mapa

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

Informações

Descrição
Mapa Mental sobre Copyright-Subject Matter, criado por James Senor em 29-05-2018.
Criado por
James Senor
Visualizações
1
Avaliação

Mais sobre Copyright eligibility, subject matter and duration

Fale Conosco

Sobre o que é sua mensagem?

O que você acha do novo visual?

Você gostou?