Copyright

Question 1

Sawkins v Hyperion

Answer 1

Subsistence/Fixation: score is fixation, copyright is in music.

Question 2

Creation Records

Answer 2

Subsistence: closed list of works.

Question 3

Exxon

Answer 3

Subsistence/Literary: if “information/instruction” or “pleasure” in literary form = literary work.

Question 4

Infopaq

Answer 4

Subsistence/Literary: can be short (11 words) no minimum.

Question 5

SAS

Answer 5

Subsistence/Literary: computer programs does not protect functionality/design.

Question 6

Norowzian v Arks

Answer 6

Subsistence/Dramatic: “a work of action with or without words capable of being performed before an audience”
Not dance sequence that cannot be performed.

Question 7

Nova v Mazooma

Answer 7

Subsistence/Dramatic: not video games.

Question 8

Creation Records

Answer 8

Subsistence/Dramatic: not static photographic scene.

Question 9

FAPL

Answer 9

Subsistence/Dramatic: not sporting events.

Question 10

Green

Answer 10

Subsistence/Dramatic: not TV formats.
cf: Banner Universal can in principle be protected if repeats features which are clearly identifiable which distinguish the show.

Question 11

Sawkins v Hyperion

Answer 11

Subsistence/Music: re-recorded LaLande’s works to create new performing editions = new original work.

Question 12

John Cage v The Planets

Answer 12

Subsistence/Music: silence?

Question 13

Temple Island Creations

Answer 13

Subsistence/Artistic/Photograph: non-literal copying i.e. taking photo from similar stand point.

Question 14

Technomed

Answer 14

Subsistence/Artistic/Graphic Works: drawings can be functional.

Question 15

Adam Ant

Answer 15

Subsistence/Artistic/Graphic Works: make up is not painting.

Question 16

Lucas Films v Ainsworth

Answer 16

Subsistence/Artistic/Sculpture: normal use of “sculpture”. Key Q: visual appeal? Is there an intrinsic quality that is intended to be enjoyed?
Subsistence/Artistic/Artistic Craftmanship: skill/training required.

Question 17

Creation Records

Answer 17

Subsistence/Artistic/Sculpture: collage is two or more things stuck together.

Question 18

Merlet v Mothercare

Answer 18

Subsistence/Artistic/Artistic Craftmanship: quality of “art”/evidence of creativity.

Question 19

Hensher

Answer 19

Subsistence/Artistic/Artistic Craftmanship: not mass marketed.

Question 20

NLA

Answer 20

Subsistence/Typographical Arrangement: protects layout of edition. Must be at least a page.

Question 21

Walter Lane

Answer 21

Originality: (UK) “labour skill and judgment” about a verbatim transcript of a speech, was original.

Question 22

Infopaq

Answer 22

Originality: (EU) “author’s own intellectual creation”

Question 23

Football Dataco

Answer 23

Originality: (EU) creative choices.

Question 24

Meltwater

Answer 24

Originality: test in UK not yet changed.

Question 25

Baigent

Answer 25

Originality: can copy ideas, but not expression.

Question 26

London Press

Answer 26

Originality: not slavishly copied.

Question 27

Cala Homes

Answer 27

Ownership: joint ownership requires collaboration.

Question 28

Hadley v Kemp

Answer 28

Ownership: collaboration in creation not performance.

Question 29

Slater v Wimmer

Answer 29

Ownership: director of film has creative control.

Question 30

CC v Mayfair

Answer 30

Ownership: producer of film is "maker" responsible for making arrangements.

Question 31

Chadwick v Lypiatt Studio

Answer 31

Ownership: definition of "employee" relates to degree of control. Also not fatal if assignment is not in writing.

Question 32

BNP Paribas

Answer 32

Ownership: implied licence terms must pass "officious bystander" test.

Question 33

Christopher Grabin

Answer 33

Ownership: pass by testamentary disposition.

Question 34

Pirate Bay

Answer 34

Infringement/Communication to public: "communication" is wide.

Question 35

SCF

Answer 35

Infringement/Communication to public: "public" = an indeterminate number of potential viewers.

Question 36

Svensson

Answer 36

Infringement/Communication to public: linking material on another website was not communication to the public as linked material was freely available.

Question 37

GS Media

Answer 37

Infringement/Communication to public: was not freely available, therefore "new public" as public was not originally contemplated or authorised by rightsholder. Creates requirement that if know/ought to have known material linked had not been authorised = infringed. Presumption of knowledge were D carries out for profit.

Question 38

Renckhoff

Answer 38

Infringement/Communication to public: if freely available image but you embed on your site = infringement.

Question 39

Amstrad

Answer 39

Infringement/Authorisation: facilitation is not enough.

Question 40

NCA v Charley

Answer 40

Infringement/Authorisation: can be liable even if tort is exempt.

Question 41

Cantor

Answer 41

Infringement: copying code from computer programs. SAS: functionality is idea not expression (therefore not protectable).

Question 42

Francis Day & Hunter v Bron

Answer 42

Infringement: need derivation/similarity.

Question 43

King Features

Answer 43

Infringement/Derivation: can be indirect.

Question 44

Designer's Guild

Answer 44

Infringement/Similarity: "substantial part" is qualitative.

Question 45

LA Gear

Answer 45

Infringement/Secondary: knowledge.

Question 46

Hubbard v Vosper

Answer 46

Exceptions/Fair Dealing; e.g. amount taken, use made, impact, commercial advantage.

Question 47

British Horseracing

Answer 47

Database/SG: protects investment not content.

Question 48

Football Dataco

Answer 48

Database/Copyright: show intellectual creativity/effort in choosing contents.

Question 49

Forensic Telecommunications Services

Answer 49

Database/Copyright: no basic arrangement of content.