Intellectual property law Brands & Copyrights Copyright checklist
The Copyright Checklist
Copyright, Designs and Patents Act 1988
APPLY: SAID MR
• SUBSISTENCE
• AUTHORSHIP / OWNERSHIP
• INFRINGING ACTS
• DEFENCES
• MORAL RIGHTS
• REMEDIES
PRELIMS
• What is a copyright? the exclusive and assignable legal right, given to the originator for a fixed
number of years, to print, publish, perform, film, or record literary, artistic, or musical material.
• Property right
• Copyright protects the expression of an idea not the idea itself. Justification for copyright? - protecting the
author’s creativity
• Copyright work is infringed if copied.
• Advising the client as to their rights against defendants under CDPA 1988.
1. SUBSISTENCE - Identify the category of work
Is the allegedly infringed work protected by copyright in the first place? Be careful you might
be dealing with subject matter that embodies various works Does work belongs to one of 8 categories of
works protected under CDPA.
s1-8
s1(1) CDPA 88
• Work - s1(1)(a) - poster, report, lecture, novel, photograph
e.g. Is it literary, dramatic, musical or artistic? (LDMA) classic works
OR (Sound recordings, films, broadcasts, TAPE) - medium works. Apply relevant section to the type of
wrk.
• Originality - Is the work sufficiently original? Has it been copied?-(University of London Press). Is it the
author’s own intellectual expression?-(Infopaq). On the facts, skill, labour and judgement has been used to
create work.
• Fixation - must be recorded in some way - s3(2) - only literary, dramatic and musical works to be fixated.
Artistic work - no need for fixation.
• Duration - Has the copyright expired? s12-15. E.g. No because the client is still alive (s12(2).
• Qualification - In outline, the work qualifies for UK protection. s135
The Copyright Checklist
Copyright, Designs and Patents Act 1988
APPLY: SAID MR
• SUBSISTENCE
• AUTHORSHIP / OWNERSHIP
• INFRINGING ACTS
• DEFENCES
• MORAL RIGHTS
• REMEDIES
PRELIMS
• What is a copyright? the exclusive and assignable legal right, given to the originator for a fixed
number of years, to print, publish, perform, film, or record literary, artistic, or musical material.
• Property right
• Copyright protects the expression of an idea not the idea itself. Justification for copyright? - protecting the
author’s creativity
• Copyright work is infringed if copied.
• Advising the client as to their rights against defendants under CDPA 1988.
1. SUBSISTENCE - Identify the category of work
Is the allegedly infringed work protected by copyright in the first place? Be careful you might
be dealing with subject matter that embodies various works Does work belongs to one of 8 categories of
works protected under CDPA.
s1-8
s1(1) CDPA 88
• Work - s1(1)(a) - poster, report, lecture, novel, photograph
e.g. Is it literary, dramatic, musical or artistic? (LDMA) classic works
OR (Sound recordings, films, broadcasts, TAPE) - medium works. Apply relevant section to the type of
wrk.
• Originality - Is the work sufficiently original? Has it been copied?-(University of London Press). Is it the
author’s own intellectual expression?-(Infopaq). On the facts, skill, labour and judgement has been used to
create work.
• Fixation - must be recorded in some way - s3(2) - only literary, dramatic and musical works to be fixated.
Artistic work - no need for fixation.
• Duration - Has the copyright expired? s12-15. E.g. No because the client is still alive (s12(2).
• Qualification - In outline, the work qualifies for UK protection. s135
