[CR] Authorship/Ownership

Question 1

Would a ghostwriter or the idea giver be considered the author/

Answer 1

Heptullah v Orient

Ghost writer can be considered a joint author of the book, requiring consent before the work is entered into any legal transaction + does not require = contribution

Apply Tate v Thomas, Cala Homes, Flyde Microsystems (de-bugging software held to be akin to proofreading) etc.

+ joint authorship cases Hadley v Kemp, Hodges, Heptullah v Orient

Requirement: creative + significant contribution to work

Question 2

Person gives ideas for play, but insubstantial. Contribution must be substantial part of final product

Answer 2

Tate v Thomas

Significant = non-trivial : Fischer v Brooker

Question 3

“Software copies -> D tested software + suggested modifications + improvements. (But P said it was just instructions on what to write)
Interlinked efforts, P wrote, D Proofread - D did not go into expressing software

Answer 3

Flyde Microsystem v Key Radio Sys

Question 4

P wrote down ideas(sketches) , but also without ideas = no end product. + LDR collaboration possibe.

Answer 4

Cala Homes v Arthur Mc Alpine Homes

Question 5

Joint Authorship Requirements

Answer 5

1. contribution (substantial, non trivial, considerable, each contribution subtantial) [Hedley v Kemp]
   - (Godfrey v Lees) significant (Fisher v Brooker) + OG (Locksley)
   - no need = (Bamboye v Reed)
2. Collaboration (shared goal) (Levy v Rutley)
3. Respective contributions not distinct/seperate from each other(Stuart v Barett)”

Question 6

“Drummer contribution -> music JA.
music shaped by Drummer
‘Quality of contribution’”

Answer 6

Stuart v Barrett

Question 7

There must be a substantial contribution. Main person carrying. Other people improvising on themes.

Answer 7

Hadley v Kemp

Question 8

commissioned contribution + Joint authorship: the part was significant and memorable. (violinist is a significant part)

Answer 8

Beckingham v Hodgens

Question 9

“ESP Case -> was he a tool or author?

sole author. no ghosts lol. “

Answer 9

Leah v TwoWorlds

Question 10

“Supernatural Medium -> transcriber said JA.

Court: matter for others. “

Answer 10

Cummins v Bond

Question 11

Where to find owner section

Exceptions

Answer 11

“s11

course of employement exception s11(2)”

Question 12

How to determine if during course of employment.

Answer 12

“Mutality of obligation (Carmichael v National Power) -> otherwise Chitty considerations

Stephenson v Macdonald
accountant produced lecture notes for talk -> used facilities.
did not belong to employer

"”what was he employed to do?”””

Question 13

“Book writer, use facilities.
Someone use abstracts of guide
D said employer should
court: doctor is author”

Answer 13

Noah v Shuba

Question 14

Software programer writing software -> is his work

Answer 14

Missing LInk Software v Magee

Question 15

“Air Martens logo sold to someone else even if comissioned.
Court; circumstances take into account, is this reasonably expected?
Court: implied licence agreement or implied transfer (although yes OG owned work)”

Answer 15

R Griggs v Evans

Question 16

Exception: So immoral

Answer 16

“Glyn v Weston

Someone made fun of her shitty book via film”

Question 17

Exception: “National secrets -> cannot bring suit bc of disgraceful circumstances

EQ will not enforce.”

Answer 17

“AG v Guardian

MI18 Spy secrets given out”

Question 18

"What are different Durations for the works?
LDMA
FIlms
Broadcasts
Typo Arrangement"

Answer 18

“LDMA (life + 70)
FIlms (life + 70)
Broadcasts (end + 50)
Typo Arrangement (end +25)”

Question 19

Is © too long?

Answer 19

“becoming increasingly longer and longer.

EU suggested 95 years at 2008. compromise 70 years.”