Subject Matter of Protection & Originality Flashcards
What is a key justification for copyright?
To incentivise creativity and innovation
Copyright serves as an incentive for authors and creators by protecting their intellectual works, encouraging creative contributions.
Which of the following is NOT a type of work protected under UK copyright law?
Culinary recipes
Culinary recipes are typically not protected unless they include an original or creative literary component.
Under the UK copyright system, a protected work must be:
a. Published internationally
b. Digitised
c. Recorded in a tangible form (fixation)
d. Registered with a legal authority
Recorded in a tangible form (fixation)
UK copyright law requires fixation—works must be recorded in some tangible medium to be protected.
What approach does the EU use to define a copyrightable work?
Broad interpretation focusing on the author’s intellectual creation
The EU prioritises originality and the author’s creative expression over rigid categories.
Which challenge arises with digitisation and technological developments in copyright?
a. Reduced demand for copyrighted works
b. Difficulty in physically archiving all works
c. Ease of infringement through unauthorized copying
d. Elimination of older copyright laws
Ease of infringement through unauthorised copying
Digital technologies make it easier to copy, duplicate, and share creative works without permission.
The originality requirement for copyright differs between the UK and EU.
True or False
True
The UK applies skill, labor, and judgment to determine originality, while the EU uses the “author’s own intellectual creation” standard.
The UK’s closed list approach requires a work to fit one of several specific categories to be protected under copyright law.
True or False
True
Under the UK’s system, a work must belong to an explicit category (e.g., literary, dramatic, or artistic work).
The EU allows copyright protection for smells if they meet the originality and fixation criteria.
True or False
False
The EU ruled in Levola v Smilde Foods that smells cannot be protected due to the lack of precision and objectivity.
AI-generated works currently pose challenges to traditional copyright frameworks.
True or False
True
AI raises questions about ownership, originality, and whether a non-human can be considered a creator.
What are the key justifications for copyright mentioned in the summary? Name at least three.
Natural Rights
Reward and Incentives
Neoliberal Economics
Democracy
Explain the “idea/expression dichotomy” in copyright law.
Copyright protects the expression of an idea, not the idea itself. For example, a written story is protected, but the concept of the story is not.
What is the EU’s stance on the requirement of “precision and objectivity” for a work to be copyrightable? Give an example from case law.
The EU emphasizes precision and objectivity to define a work. For instance, in Levola v Smilde Foods, the taste of food was deemed too subjective to qualify as a work.
How do AI and new technologies like NFTs challenge copyright frameworks?
AI raises questions about authorship, originality, and ownership for non-human creations. NFTs introduce challenges in defining ownership and rights related to digital assets.
Briefly describe the impact of Brexit on UK copyright law.
Brexit allows the UK to diverge from EU copyright frameworks, though pre-2021 EU laws remain in effect. Differences may emerge in areas like digital rights, content portability, and new legislation.
