Copyright Law- An Outline LLB UoL
1. Requisites
a. Originality (Maybe used to rebut claims by the other party)
I. Skill and Labour Judgment Test – UK
II. ‘Author’s own Intellectual Creation Test’ – The EU – Infopaq International v Danska
a. Intellectual Creation
b. Derivation
Derivative Works
European Influence to determine Originality of particular kinds of works only applies to:
I. Database Directive
II. Computer Programmes Directive
III. Photographs
IV. Originality concerning other types of Works
E.g. Newspaper Licensing Agency Ltd v Meltwater Holding BV [2010]
b. Subject Matter must be one protected of ©
Original
a. Literary
b. Dramatic Abbreviations and short forms used
c. Musical
Case** - To be read up on extensively
d. Artistic
Sound Recordings, Films and Broadcasts C – Claimant
Typographical Arrangements of Published Editions
D – Defendant
c. Fixation - tangible medium of expression
d. Sufficient Connection with the UK ©- Copyright
I. By Authorship
II. By Country of First Publication CA – Court Of Appeal
III. By Place of Transmission
e. Public Policy
2. Authorship and Ownership of ©
I. Authorship
a. Joint Authorship
b. Commissioned works
II. Ownership
1. Exception 1 – Employee Related Works (S11(2)- shall belong to the employer
unless there is an agreement to say otherwise)
i. Work must be literary, dramatic, musical artistic or film
ii. Made by an employee
a. Determining Employee – was there a mutual obligation?
b. Was there control?
iii. Made in the course of employment
iv. There must be no agreement to the contrary
2. Commissioned Works
3. Works created in breach of confidence
3. Rights Conferred by ©
I. Economic Right
S17 of the CDPA : The Right of Reproduction
S18 of the CDPA: The Right of Distribution
, S18A of the CDPA : The Renting and Lending Right
S19 of the CDPA: The Right of Performance
a. The Character of the Audience
b. Financial Consideration
c. Place of Performance
d. © Owners Monopoly
S20 of the CDPA: The Right of Communication to the Public
S21 of the CDPA: The Right to make an Adaptation
S16(2) of the CDPA: The Right of Authorisation
II. Moral Rights
Ss 77-79 of the CDPA: Right of Attribution
Ss 80-83 of the CDPA: Right of Integrity
S84 of the CDPA: The Right to Object to false Attributes
4. Duration of ©
5. © Infringement
i. Infringing Acts
ii. Derivation
iii. Substantial Taking
a. Primary Infringments SS17 – 22
1. Copying
2. Issuing copies to the Public
3. Performing in Public
4. Communication to the Public
5. Adaptation – S21
b. Secondary Infringement
6. Defences to © Infringment
a. Defences of Fair Dealing Sections 29 and 30
i. Non Commercial Research
ii. Private Study
iii. Criticism or review
iv. Reporting Current Events
v. Quotation
vi. Caricature Parody or Pastiche
b. Incidental Uses / Inclusions Section 31
i. Making temporary copies S28A
ii. Incidental inclusion - S31
iii. Use of notes of spoken words - S58
iv. Time Shift – S70
c. Public Interest Defence – S171
d. Non Statutory Defence
i. Acquiescence
ii. Equitable Defences
iii. Implied Licence
iv. Exhaustion of Rights
, Copyright Cases
a. Requisites
I. Must be one protected by ©
Literary Work
Definition of University of London Press v Peterson J : ‘literary’ indicated something which was written or
Literary University Tutorial Press printed on paper, and that the style or quality did not have to be
[1916] high
Football Pool Ladbroke(Football) Ltd v Lord Pearce : Original requires only that the work should not be
Coupons William Hill copied but should originate from the author
Examination UoL Press v University tutorial Peterson J: Literary Indicates something that was written or
Papers Press (1916) printed on paper, hence style and quality need not be high
Macmillan and Co Ltd v K & J Lord Atkinson :
Cooper and Co Ltd Work = Knowledge, labour, Judgment or Literary skill or taste
British Leyland Motor Corp Ltd Work = Skill and Labour
v Armstrong Patents Co Ltd Lord Templeman
List of Television Independent Television
Programs Publications v Time Out(1984)
Telegraph codes Anderson & Co vLieber Code
Co (1917)
Newspaper Shetland Times v Johnathan
Headlines Wills
Newspaper Licensing Agency v HEADLINES AND EXTRACTS FROM ARTICLES ON NEWSPAPER
Meltwater Holding BV [2011] WEBSITS ARE CAPABLE OF SATISFYING THE DEFINITION OF
LITERARY WORK
Cramp v Smythson [1944] WHILE THE THRESHOLD IS LOW, THERE IS NO © IN EVERYDAY
FACTUAL INFORMATION
threshold below (Francis Day v Twentieth no © in the title of a song
which the ‘work’ Century Fox [1940]
will not generally
attract protection
Exxon Corporation v Exxon No © in an invented word trade mark
Insurance Consultants
Cramp v Smythson [1944] No © in everyday factual information, such as that given in the
front of a diary
Dramatic work
Requirements Fuller v Blackpool Winter requires some sort of presentation or delivery
Gardens [1895]
Requirement Norowzian v Arks Ltd [1999] work of action capable of being performed before an
Audience FSR 79 audience((Rattee J); [2000])
Requirement Nova Productions Ltd v performance must be by a human being, as a video game has
Human Mazooma Games Ltd [2007] been held not to be a dramatic work
Involvement
Green v Broadcasting Corp of format for a TV game show was held not to be a dramatic work,
New Zealand [1989] the court assuming that it was not sufficiently detailed
Format for a Banner Universal Motion Snowden J held
television program Pictures Ltd v Endemol Shine (i) it would have a number of clearly identified features
characteristics Group Ltd [2017] which distinguish the programme in question from
others of a similar type; and
(ii) those distinguishing features would have to be
connected with each other in a coherent framework
which could be repeatedly applied so as to enable
the programme to be reproduced in recognisable
form. ([44])
1. Requisites
a. Originality (Maybe used to rebut claims by the other party)
I. Skill and Labour Judgment Test – UK
II. ‘Author’s own Intellectual Creation Test’ – The EU – Infopaq International v Danska
a. Intellectual Creation
b. Derivation
Derivative Works
European Influence to determine Originality of particular kinds of works only applies to:
I. Database Directive
II. Computer Programmes Directive
III. Photographs
IV. Originality concerning other types of Works
E.g. Newspaper Licensing Agency Ltd v Meltwater Holding BV [2010]
b. Subject Matter must be one protected of ©
Original
a. Literary
b. Dramatic Abbreviations and short forms used
c. Musical
Case** - To be read up on extensively
d. Artistic
Sound Recordings, Films and Broadcasts C – Claimant
Typographical Arrangements of Published Editions
D – Defendant
c. Fixation - tangible medium of expression
d. Sufficient Connection with the UK ©- Copyright
I. By Authorship
II. By Country of First Publication CA – Court Of Appeal
III. By Place of Transmission
e. Public Policy
2. Authorship and Ownership of ©
I. Authorship
a. Joint Authorship
b. Commissioned works
II. Ownership
1. Exception 1 – Employee Related Works (S11(2)- shall belong to the employer
unless there is an agreement to say otherwise)
i. Work must be literary, dramatic, musical artistic or film
ii. Made by an employee
a. Determining Employee – was there a mutual obligation?
b. Was there control?
iii. Made in the course of employment
iv. There must be no agreement to the contrary
2. Commissioned Works
3. Works created in breach of confidence
3. Rights Conferred by ©
I. Economic Right
S17 of the CDPA : The Right of Reproduction
S18 of the CDPA: The Right of Distribution
, S18A of the CDPA : The Renting and Lending Right
S19 of the CDPA: The Right of Performance
a. The Character of the Audience
b. Financial Consideration
c. Place of Performance
d. © Owners Monopoly
S20 of the CDPA: The Right of Communication to the Public
S21 of the CDPA: The Right to make an Adaptation
S16(2) of the CDPA: The Right of Authorisation
II. Moral Rights
Ss 77-79 of the CDPA: Right of Attribution
Ss 80-83 of the CDPA: Right of Integrity
S84 of the CDPA: The Right to Object to false Attributes
4. Duration of ©
5. © Infringement
i. Infringing Acts
ii. Derivation
iii. Substantial Taking
a. Primary Infringments SS17 – 22
1. Copying
2. Issuing copies to the Public
3. Performing in Public
4. Communication to the Public
5. Adaptation – S21
b. Secondary Infringement
6. Defences to © Infringment
a. Defences of Fair Dealing Sections 29 and 30
i. Non Commercial Research
ii. Private Study
iii. Criticism or review
iv. Reporting Current Events
v. Quotation
vi. Caricature Parody or Pastiche
b. Incidental Uses / Inclusions Section 31
i. Making temporary copies S28A
ii. Incidental inclusion - S31
iii. Use of notes of spoken words - S58
iv. Time Shift – S70
c. Public Interest Defence – S171
d. Non Statutory Defence
i. Acquiescence
ii. Equitable Defences
iii. Implied Licence
iv. Exhaustion of Rights
, Copyright Cases
a. Requisites
I. Must be one protected by ©
Literary Work
Definition of University of London Press v Peterson J : ‘literary’ indicated something which was written or
Literary University Tutorial Press printed on paper, and that the style or quality did not have to be
[1916] high
Football Pool Ladbroke(Football) Ltd v Lord Pearce : Original requires only that the work should not be
Coupons William Hill copied but should originate from the author
Examination UoL Press v University tutorial Peterson J: Literary Indicates something that was written or
Papers Press (1916) printed on paper, hence style and quality need not be high
Macmillan and Co Ltd v K & J Lord Atkinson :
Cooper and Co Ltd Work = Knowledge, labour, Judgment or Literary skill or taste
British Leyland Motor Corp Ltd Work = Skill and Labour
v Armstrong Patents Co Ltd Lord Templeman
List of Television Independent Television
Programs Publications v Time Out(1984)
Telegraph codes Anderson & Co vLieber Code
Co (1917)
Newspaper Shetland Times v Johnathan
Headlines Wills
Newspaper Licensing Agency v HEADLINES AND EXTRACTS FROM ARTICLES ON NEWSPAPER
Meltwater Holding BV [2011] WEBSITS ARE CAPABLE OF SATISFYING THE DEFINITION OF
LITERARY WORK
Cramp v Smythson [1944] WHILE THE THRESHOLD IS LOW, THERE IS NO © IN EVERYDAY
FACTUAL INFORMATION
threshold below (Francis Day v Twentieth no © in the title of a song
which the ‘work’ Century Fox [1940]
will not generally
attract protection
Exxon Corporation v Exxon No © in an invented word trade mark
Insurance Consultants
Cramp v Smythson [1944] No © in everyday factual information, such as that given in the
front of a diary
Dramatic work
Requirements Fuller v Blackpool Winter requires some sort of presentation or delivery
Gardens [1895]
Requirement Norowzian v Arks Ltd [1999] work of action capable of being performed before an
Audience FSR 79 audience((Rattee J); [2000])
Requirement Nova Productions Ltd v performance must be by a human being, as a video game has
Human Mazooma Games Ltd [2007] been held not to be a dramatic work
Involvement
Green v Broadcasting Corp of format for a TV game show was held not to be a dramatic work,
New Zealand [1989] the court assuming that it was not sufficiently detailed
Format for a Banner Universal Motion Snowden J held
television program Pictures Ltd v Endemol Shine (i) it would have a number of clearly identified features
characteristics Group Ltd [2017] which distinguish the programme in question from
others of a similar type; and
(ii) those distinguishing features would have to be
connected with each other in a coherent framework
which could be repeatedly applied so as to enable
the programme to be reproduced in recognisable
form. ([44])
