International Intellectual Property Law - Copyright

Flashcards on Copyright Law

Computer Associates International v Altai

US case that copyright law does not protect an idea, but only the expression of an idea.

Baigent and Leigh v The Random House Group Ltd

A UK case reinforcing that copyright does not protect ideas, but the expression of ideas. A claim that the Da Vinci code copied the central theme of another book was dismissed.

Article 9.2 TRIPS Agreement

Copyright protection extends to expressions and not to ideas

Protected Works (S1 CDPA)

Original literary, dramatic, musical, and artistic works; cinematography films, sound recordings, broadcasts; and typographical arrangement of published editions.

CDPA 1988

Copyright, Designs and Patents Act 1988

Literary Work

Under S.3(1) CDPA 1988, should be something that afforded information, instruction or pleasure in the form of literary enjoyment.

Dramatic Work

Under S.3(1) CDPA 1988, includes a work of dance or mime; any work of action capable of being performed before an audience.

Musical Work

Under S.3(1) CDPA 1988, means a work consisting of music, exclusive of any words or action intended to be sung, spoken or performed with the music.

Artistic Work

Under S.4(1) CDPA 1988, generally include paintings, drawings, sculpture, works of artistic craftsmanship, architectural works of art, engravings and photographs.

Fixation

Fixing the work in a form of expression.

Originality

Means that the work concerned must be original in the sense that it must not be a verbatim reproduction of a prior work.

Article 12 TRIPS

Term of protection should be no less than 50 years

Moral Rights

Protects non-economic interests, including the right to attribution, object to derogatory treatment, and the right to privacy of certain photographs and films.

Economic Rights

The exclusive right to reproduce, perform, translate, or adapt a work.

Joint Authorship

Depends on the contributions of the respective parties in forming the expression.

Entrepreneurial Works

Cinematography films, sound recordings, broadcasts, and typographical arrangement of published editions.

Anglo-American approach to copyright

Promoting authors’ creativity to benefit the public domain. Creativity that has economic benefits.

Caselaw for Literary Works

Exxon

Caselaw for Dramatic Works

Narowzian v Arks

Caselaw for ‘musical works’ that music and lyrics have separate copyrights

Redwood Music

Caselaw that all musical elements can be protected by copyright, e.g. melody, bass, harmony

Sawkins v Hyperion Records

Caselaw that rejected a setup of props as an artistic work

Creation Records v News Group Newspapers

Copyright criteria for protection

qualification under CDPA, fixation, originality

Fixation statute

UK CDPA S3(2) - CR doesn’t exist until it is recorded, written, or otherwise

Originality

The work must not be a verbatim reproduction (University of London Press Ltd v University Tutorial Press 1916)