Commercial Law: intellectual Property
1. Categories of (a) original literary, dramatic, musical or artistic works,
works protect- (b) sound recordings, films, or broadcasts, and
ed by copyright: (c) the typographical arrangement of published editions.
s1(1) CDPA 1988:
2. Qualification for A work qualifies for copyright protection if the author was a British citizen, national
copyright: s.154 or domiciled in the UK
CDPA
3. Levola Hengelo What is 'a work'? A taste was not held to be a qualifying work because it was
BV v Smilde subjective and variable. You need to be able to identify a precise and objective
Foods BV form of expression for a work to be copyrighted.
4. Section 3(1) A literary work is any work, other than a dramatic or musical work, than is written,
CDPA: Literary spoken, or sung
Work
5. Exxon Corp v The Court ruled that a name alone, like "Exxon," does not qualify for copyright
Exxon Insurance protection as an original literary work.
6. Francis Day and A movie released using the same name as a song was not a copyright infringement
Hunter v 20th because the name was insufficiently original or distinctive (The Man Who Broke
Century Fox the Bank at Monte Carlo), since it included expressions in common parlance
7. Section 3(1) Dramatic works include a work of dance or mime, musical works include music, but
CDPA: Dramatic excluding accompanying words
or Musical Work
8. Norowzian v Arks The court held that a short film featuring surreal dancing could qualify as a dramatic
work, but its specific features like rhythm and pace were not copyrightable, and
there was no significant similarity between the films based on expert testimony.
9. Section 3(2) CDPA Copyright in a literary, dramatic, or musical work does not exist until it is recorded
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, Commercial Law: intellectual Property
10. Section 3(3) CDPA It is immaterial for the purpose of copyright if the work is recorded by or with the
permission of the author or not
11. Section 4(1) CDPA An artistic work is:
A graphic work, photo, sculpture, or collage
Architecture (building or model)
Artistic craftsmanship
12. Infopaq v Danske Test for originality: Infopaq, a media monitoring company, scanned newspaper
articles for commercial purposes without consent from the copyright holders,
leading to a legal dispute over whether their actions constituted copyright infringe-
ment. The court held originality is through the author's own intellectual creation,
through the manner the subject is presented and the linguistic expression. The
words alone were not IP, it was the choice, sequence, and combination of those
words
13. Section 5A(1) A sound recording includes a recording or sounds, or recording of a literary,
CDPA dramatic, or musical work
14. Section 5A(2) Copyright does not subsist in a sound recording that is a copy of a previous sound
CDPA recording
15. Section 5B CDPA A film is a recording in any medium with a moving image, including the sound
track, but excluded a copy from a previous film
16. Section 6 CDPA A broadcast is an electronic transmission of visual images, sounds, or other infor-
mation for lawful reception by the public
17. Section 8(1) CDPA The typographical arrangement of a publish edition of any part of literary, dramatic,
or musical works is copyrighted
18. Section 11(1) The author of a work is the first owner of any copyright in it, subject to exceptions
CDPA relating to works created in the course of employment
2/9
1. Categories of (a) original literary, dramatic, musical or artistic works,
works protect- (b) sound recordings, films, or broadcasts, and
ed by copyright: (c) the typographical arrangement of published editions.
s1(1) CDPA 1988:
2. Qualification for A work qualifies for copyright protection if the author was a British citizen, national
copyright: s.154 or domiciled in the UK
CDPA
3. Levola Hengelo What is 'a work'? A taste was not held to be a qualifying work because it was
BV v Smilde subjective and variable. You need to be able to identify a precise and objective
Foods BV form of expression for a work to be copyrighted.
4. Section 3(1) A literary work is any work, other than a dramatic or musical work, than is written,
CDPA: Literary spoken, or sung
Work
5. Exxon Corp v The Court ruled that a name alone, like "Exxon," does not qualify for copyright
Exxon Insurance protection as an original literary work.
6. Francis Day and A movie released using the same name as a song was not a copyright infringement
Hunter v 20th because the name was insufficiently original or distinctive (The Man Who Broke
Century Fox the Bank at Monte Carlo), since it included expressions in common parlance
7. Section 3(1) Dramatic works include a work of dance or mime, musical works include music, but
CDPA: Dramatic excluding accompanying words
or Musical Work
8. Norowzian v Arks The court held that a short film featuring surreal dancing could qualify as a dramatic
work, but its specific features like rhythm and pace were not copyrightable, and
there was no significant similarity between the films based on expert testimony.
9. Section 3(2) CDPA Copyright in a literary, dramatic, or musical work does not exist until it is recorded
1/9
, Commercial Law: intellectual Property
10. Section 3(3) CDPA It is immaterial for the purpose of copyright if the work is recorded by or with the
permission of the author or not
11. Section 4(1) CDPA An artistic work is:
A graphic work, photo, sculpture, or collage
Architecture (building or model)
Artistic craftsmanship
12. Infopaq v Danske Test for originality: Infopaq, a media monitoring company, scanned newspaper
articles for commercial purposes without consent from the copyright holders,
leading to a legal dispute over whether their actions constituted copyright infringe-
ment. The court held originality is through the author's own intellectual creation,
through the manner the subject is presented and the linguistic expression. The
words alone were not IP, it was the choice, sequence, and combination of those
words
13. Section 5A(1) A sound recording includes a recording or sounds, or recording of a literary,
CDPA dramatic, or musical work
14. Section 5A(2) Copyright does not subsist in a sound recording that is a copy of a previous sound
CDPA recording
15. Section 5B CDPA A film is a recording in any medium with a moving image, including the sound
track, but excluded a copy from a previous film
16. Section 6 CDPA A broadcast is an electronic transmission of visual images, sounds, or other infor-
mation for lawful reception by the public
17. Section 8(1) CDPA The typographical arrangement of a publish edition of any part of literary, dramatic,
or musical works is copyrighted
18. Section 11(1) The author of a work is the first owner of any copyright in it, subject to exceptions
CDPA relating to works created in the course of employment
2/9
