Copyright - infringement

Question 1

Infopaq

Answer 1

Clarification of where there is reproduction, applies to all member states.

Question 2

GS Media

Answer 2

Altered UK understanding of how knowledge might be relevant to infringement, especially secondary infringement? Secondary infringement requires knowledge or having reason to believe whereas primary infringement does not require knowledge (unless posting links for commercial gain)

Question 3

Designer Guild

Answer 3

Test for infringement of UK copyright - incorporates features from the work of the claimant, all or substantial part of the work, matter of impression, depends upon its importance to the claimant’s work

Question 4

Nintendo

Answer 4

Where there is an infringement of a complex work, better to claim infringement for just one category by reference to main attributes

Question 5

NLA v Marks and Spencer

Answer 5

Shift from “substantial, vital and essential part” to de minimus in UK courts, quality rather than quantity

Question 6

Red Bus case

Answer 6

Rejected submission of independent creation

Question 7

Francis Day and Hunter v 20th Century Fox

Answer 7

As a general rule film titles are not sufficient to claim copyright infringement