Copyright - originality and subject matter categorisation Flashcards
Creation Records v News Group
Oasis case - photographer took photo of set for Oasis album cover shoot without permission, photo was similar to, but not identical to, the final album cover photo. Was set up of props copyright protected? no - photographer was sued for breach of confidence though.
DC Comics v Towle (USA)
Batmobile case - open ended categorisation in the US, did not matter what type of work a car was, as the recreations of the Batmobiles had the same basic features of the cars from the films/TV programmes there was copyright protection, there were “unique protectable characteristics”
Infopaq
Provided clients with 11 word extracts from articles and links to them in emails, was there copyright infringement? It was a reproduction in part within the meaning of Article 2 of Directive 2001/29, copyright is attracted if the words are the expression of the intellectual creation of the author. Significance - EU standard of “author’s own intellectual creation” applies to all Berne Convention works.
BSA Case
Graphic interface did not count as author’s own intellectual creation, programme could not be reproduced using the interface. Any sufficiently original work should be protected.
Murphy
UK reference, can football matches be protected by copyright? No, they are governed by rules which means that there is not enough room for originality to attract copyright.
Painer
Concerned photo that P had taken of child prior to her abduction, press used photo to make photofit of what she would look like as an older child without permission. Defence that there was no room for originality in a portrait photo. Held - portrait photos can be sufficiently original if they show the author’s own intellectual creation, court relied on Murphy, originality requires free and creative choices and the personality of the author - requirement of the personal touch.
Meltwater
Proudman J said that UK test and EU test gave substantially the same outcome in that case. Does not necessarily mean they are the same? Current position of UK law unclear.
Hendrix photo case
No originality, plaintiff submitted aesthetic characteristics, not those relating to the originality of the photo. Suggested that this decision by Parisian court was in breach of EU law.
University of East London Press
Classic UK test for originality - original means not copied
William Hill v Ladbroke
Old sweat of the brow test for originality. Was there sufficient skill, labour and judgement exercised by the author?
Interlego v Tyco
Original lego bricks had been patented and were registered as designs, but these had expired. Some changes were made to the design, and these later bricks were copied by Tyco. Lego claimed copyright infringement. Held - even though the modifications were technically significant, if they are not visually significant and are in effect copies of existing works, they would not give rise to a new copyright.
Walter v Lane
Reporter for the Times recorded speech in shorthand and it was published in the Times, but copied by another. Held there was a copyright claim. The speaker was the author of the written work, but the reporter, having used skill and judgement in reporting the speech using his own choice, sequence and combination of words, adding structure and punctuation, was the author of that report of the speech, an original work in its own right.
Norowizian v Arks
Film was made showing man “dancing”, used editing techniques such as flash framing and jump cutting so that film appeared surreal and dance could not actually have been performed. Held that it was not a dramatic work as it was not capable of being performed before an audience.
Hyperion Records v Sawkins
S rewrote new editions of works that had gone out of copyright, adding new aspects and changing some notes. When the music was re-recorded without permission there was an infringement of copyright. It was not merely transcription.
George Hensher v Restawhile Upholstery
Rough prototype of furniture suite was not artistic work, no one legal principle was advanced to determine artistic craftsmanship but solutions were offered such as it must give pleasure and be valued for its appearance.
