[CR] Subject Matter Flashcards
What are the requirements for a literary work + authority:
“Hollinrake v Truswell
TEST: ‘information and instruction, or pleasure, in the form of literary enjoyment’
- “…conveys an intelligible meaning…” [Apple computers] v [Exxon]
- low threshold, irrespective of quality
- Sufficient if understood by a limited group
includes all works expressed in writing or pint [UoL]”
Authority: A literary work must be capable of conveying intelligible meaning to at least a limited group
Instruction/information works: capable of conveying intelligible meaning to at least a limited group
Apple Computer v Computer Edge
Literary cases on names:
Names do not afford any info/instruction or pleasure
Exxon Corp v Exxon Insurance
Are computer programs a literary work?
“Computer prog: [Software Directive] ““Instructions permanently wired into integrated circuit””
[Bezpecnostni Case C-393] Characteristics of a protected computer program
1) Permits reproduction in diff computer languages. (source code)
2) Does not include GUI bc GUI does not enable production of computer prog, only enables communication. It’s just an element of the program.”
To be considered a dramatic work, matter must be capable of being performed.
Green v Broadcasting Corp of New Zealand
- Unable to show program = dramatic work.
- Lacked Spacifity or detail to be performed
- Scripts could not be acted or performed.
Do games have sufficient unity to be a dramatic work?
Nova Productions Ltd v Mazooma Games
- Interactive video games ≠ dramatic works bs scenes not the same.
- Billard game could be literary and artistic work but not dramatic.
The matter is capable of performance even by artificial means (aka film).
A film can be played = matter can be performed.
Norowizian v Ark
“What is the concept of music?
What is considered to be music?”
“Sawkins v Hyperion Records
- C altered music of old composer. Musical record co claimed infringement bc did not create original musical work.
Concept of music
[Mummery LJ] Music: intends to produce some effects on listeners emotions and intellect.
Music includes other elements that effect sounds such as notes, tempo, and performance practice.”
“(graphic) Does an artisitc work have to be permanent?
“
“Merchandising Corp v Harpbond
A very traditional view of painting.
Painting required a surface, the face is not a surface.
Thus makeup is not a painting.
Could also hint that paintings must intend to be permanent.”
Really mundane things can be protected by CR
“[Engraving]
Frisbee: Whom-O Manufacturing v Lincon Industries
Car mat: Hi-Tech Autoparts v Towergate Two Ltd
- Copyright could not be used to prevent the manufacture or sale of spares for industrial items. [Leyland v Armstrong]”
Is the graphic works list exhaustive?
Abraham Moon & Sons Ltd v Thornber
Instructions for generating fabric designs were graphic.
Visual significance for experts
What is considered to be the legal meaning of a sculpture?
“Lucasfilm Ltd v Ainsworth
Stormtrooper helmet was not a sculpture.
- primary function utilitarian (prop)
- lacks artistic purpose
Subjective considerations:
- legal meaning should not stray too far from common [Metix]
- visual appeal and enjoyed for that purpose alone.
INTENDED TO BE ENJOYED AS VISUAL THING (along with strucuture and fabrication)”
What is considered a building?
Australian case
Darwin Fibreglass v Kruhse Enterprises
- proposed use
- fixed or portable
- degree of permanence
What is artistic quality?
Henser v Restawile Upholstery [Lord judgements]
Reid: pleasure or satisfaction from contemplating it. Authors intention doesn’t matter
Morris: general consensus among respected views. However, courts ultimately decide.
Killbrandon: author had desire to produce thing of beauty which would have artistic justification for own existence.
Visount Dilhorne: intuition. could be artistic even if functional + originality of design.
Simon: best evidence from expert evidence.
Could a work set out with utilitarian considerations be a work of art?
There are 3 key cases regarding this
Merlet v Mothercare
• set out as not work of art but utilitarian consideration.
= not artistic craftsmanship. (baby cape)
Vermat v Boncrest (bedspread)
• there has to be evidence of creativity
Guild v Eskandaar (cardigan)
• an odd case, consideration ‘can it be fairly regarded as satisfying aesthetic emotions of substantial section of the public’
What is artistic craftsmanship?
“No clear definition. [Hensher v Restawille]
- possibly: Special training, skill and knowledge.
Unclear if need handmade: no need, can be machine [Coogi]
From same person? [Burke - yes] vs [Bonz - no]”
What is the Australian Esc route for Artistic requirement of craftsmanship in the UK?
Burge v Swarbrick
- The significance of functional constraints
- Freedom of design choice
- Real or substantial artistic effort
What is the Euro Esc Route for Artistic requirement of craftsmanship in the UK?
Recital 8 of the software directive
• OG is the only qualitative criteria.
• no tests to the qualitative/aesthetic merits.
• logic expressed these directives applies to all works
What is counted as an edition?
Newspaper Licensing Agency v Marks and Spencer
An edition is what’s in between the covers.
“Titles:
Are titles substantial enough to provide protection?”
“No. Rose v Information services
- eg: game show (Green v Broadcasting)
- eg: song titles (Francis Day)”
“Tables and compilations:
- are tables and compilations enough to satisfy ‘work’
Football coupons
TV schedules”
“Football [Ladbroke]
TV schedules [TimeOut]”
are databases work?
“Art 1(2) Database Directive -> s3(1)(d) CDPA
Football fixtures = database [Fixtures Marketing]
Poems in poem book by same poet = possible
computer program to make database = no. (art 1(3))”
(graphic) Can a drawing be artistic?
”- not if too common place (checkbox) [Kenrick v Lawrence]
- dress designs can be protected [Berstein v Murray]
- Copyright could not be used to prevent the manufacture or sale of spares for industrial items. [Leyland v Armstrong]”
What kind of photos are protected?
“old photograph case [Graves] can
[Can] photographs of still objects [bridgeman Art library]
[No] Scenes of scenes of birds [Barman v Fussell]
[no] individual frames from films [Goldberg v BPC]”
What will courts consider when deciding a graphic work?
“Abraham Moon & Sons Ltd v Thornber
- Instructions for generating fabric designs were graphic.
- Held: records of instructions for creating a fabric design can be protected by both artistic copyright+ literary copyright
- Courts will take a pragmatic approach when deciding whether something is a graphic work which may be protected by copyright – the key being to look at the content of the work and not the medium in which it is recorded.
- It is also a reminder that infringement of a graphic work can occur indirectly by copying a fabric made in the work.”
What films are protected? Is the soundtrack part of the film?
”- produce moving images (Kamina)
- soundtrack treated as part of film”
Can a single sound be a sound recording
No.
What is considered a vaild broadcast?
“Definition:
- electronic, information transmitted
- limits: s6(CDPA)”
