Copyright

HideShow resource information
  • Created by: hr209
  • Created on: 16-04-18 18:39
What was the first Copyright statute? What year?
Statute of Anne, 1710
1 of 182
When did copyright protection evolve mostly?
Between the 18th and 20th centuries
2 of 182
What 3 rights combine to form copyright?
Limited property rights, economic rights and moral rights
3 of 182
Where do you find the subject matter protected by CR?
s1 CDPA
4 of 182
How many categories are there?
8
5 of 182
What is particular about this list?
It is exhaustive
6 of 182
Should it be exhaustive?
this is disputed by EU directives, benefits seem to have been abandoned
7 of 182
Are video games protected? What case?
Yes, Nintendo v PC box
8 of 182
Which section protects literary works?
s3(1)
9 of 182
What is the scope of protection?
CR protects anything written, not just words- not a value judgement
10 of 182
What is the test?
words must convey an intelligible meaning (not to everyone)
11 of 182
Where does it come from? Where is it cited?
Hollinrake v Truswell, Exxon
12 of 182
Are databases included? Authority?
No, s(3)(1)(a)
13 of 182
What was the rule in Infopaq?
Isolated sentences may confer originality
14 of 182
What was the principle in Ladbroke v William Hill
A coupon book counts as a compilation and is still protectable
15 of 182
What is the case regarding computer programmes? Authority?
Not defined, but included as literary work. S(3)(1)(b)
16 of 182
What is the scope of this protection? Authority?
All code, and all preparatory design material is included. Software Directive
17 of 182
What is the case regarding databases? Authority?
Explanation found in Fixtures Marketing Ltd by the CJEU
18 of 182
Where are dramatic works defined?
Not in the CDPA, but Norowzian v Arks and Nova productions v Mazooma games
19 of 182
What was the principle in Norowzian
Dramatic work must be a work of action capable of being performed
20 of 182
What was the principle in Nova Productions
Games are not dramatic works
21 of 182
What is the scope of protection of musical works? Authority?
Combining sounds is not enough, must be some cohesion- Sawkins v Hyperion Records
22 of 182
What is important to remember when applying CR to artistic works?
There is no value judgement to be made
23 of 182
Is it hard to prove what constitutes art?
No, there is a very low threshold
24 of 182
What was the name and principle of the case regarding makeup?
Merchandising Corp v Harpbond- must be permanence to be protected
25 of 182
What is the case for protecting photographs? Authority?
Protected if they have originality - Eva Maria Painer v Standard Verlags GmbH
26 of 182
Sculpture? Authority?
Look at intention/purpose- Lucasfilm v Ainsworth
27 of 182
Architecture? What else is taken into account?
Building/model of a building is protectable. Artistic Merit is also taken into account
28 of 182
Artistic Craftsmanship? Authority?
Conflicting opinions on what words mean. Hensher v Restawile
29 of 182
What else do you need to prove artistic craftsmanship? Authority?
Mertlet v Mothercare - intention is important, Vermaat v Boncrest - evidence of creativity is necessary
30 of 182
How has protection of films changed over time?
It used to be protected as a series of photos or a dramatic work- now its covered by the CDPA s(5)(b)(i)
31 of 182
What is included in CR protection of sound recordings?
Vinyl, ytapes, CDs, mp3s
32 of 182
What are the requirements for protection of a broadcast? Authority?
Must be electronic- s178
33 of 182
What is included/excluded?
Private communication and internet transmissions are excluded, live events are included
34 of 182
What is the scope of protection for typographical arrangements?
Overall appearance, no req that work be previously unpublished
35 of 182
Authority?
Newspaper Licencing Agency v M&S
36 of 182
What are the criteria for CR protection?
Work must be recorded in material form, must be original, sufficiently connected to the UK, no public policy grounds of exclusion
37 of 182
What is the British standard of originality?
Labour, skill and judgement
38 of 182
What is the EU standard?
Authors own intellectual creation
39 of 182
What does CR protect?
Expression of ideas, not ideas themselves
40 of 182
What should you remember about originality judgements
Judgements are usually made in a social context
41 of 182
How hard is it to prove originality under the British conception?
Not very, there is quite a low threshold
42 of 182
What case does the first originality threshold come from? What was it?
University of London Press. Work should have been 'not copied'
43 of 182
What case does the current standard come from? What else does it say?
Ladbroke v William Hill- work must be substantial and not trivial
44 of 182
What was the concept in Interlego v Tyco?
Only certain labour skill or judgement is sufficient to confer originality
45 of 182
Where does the EU originality standard come from?
Infopaq v Danske Dagblades Forening
46 of 182
What was the originality principle in Painer?
Originality- reflection of the personality of the author
47 of 182
What was the principle in the EU case BSA?
Functional is not the same as original
48 of 182
Which case merged the EU and British standards of originality?
Temple Island Teas
49 of 182
Is routine labour protected under either standard?
Could be under UK, its not clear, but not under EU
50 of 182
Data? Authority?
Not protected under either- Football Dataco v Yahoo
51 of 182
Mere skill? Authorities?
Yes under UK, if exceptional- Walter v Lane, No under the EU- SAS Institute
52 of 182
Pre-expressive contributions?
Unclear for both- UK doesn't like to split work into 2 stages, EU focuses on choices which directly affect the work
53 of 182
Derivative works? Authority?
Yes for both, in the UK change must be visually significant- Interlego, EU there must be creative freedom
54 of 182
Spontaneous Conversation? Authority?
Unclear in UK, protected in EU - Endstra Tapes
55 of 182
Insubstantial creations?- Authority?
Not under the UK- Meltwater- policy reason which is now irrelevant, EU protects -Infopaq
56 of 182
Snapshots? Authority?
UK is unclear, EU probably will following Painer
57 of 182
Reports copyright?
Probably not protected by either
58 of 182
Photos of works? Authorities?
protected in the UK- Grave's Case, in the EU it depends - Painer
59 of 182
Computer generated works? Authority?
The UK [protects, the EU does not- AG opinion in Painer and Term Directive
60 of 182
How does work become sufficiently connected to the UK?
At the material time, the author must be a qualifying person
61 of 182
What is the case with joint authors?
Works for either author, at least one must qualify
62 of 182
What is material time for authored works?
Creation date (for unpublished) and date of publication.
63 of 182
What happens when author dies before publication?
The material time is the death date
64 of 182
How about sound recordings?
Status of the author at time of creation
65 of 182
Broadcasts?
Status of organisation at date of transmission
66 of 182
Typography?
Status of publisher at time of publication
67 of 182
Who is a qualifying person?
British citizen/national/subject domiciled/resident/incorporated in part of the UK
68 of 182
Where else does this apply to?
Countries in which the law is extended or applied?
69 of 182
What subject matter is excluded? Authority?
Obscene, blasphemous or immoral works- Glyn v Western Film feature, A-G v Guardian No 2
70 of 182
What is wrong with this exclusion?
Its kind of paradoxical, CR encourages creativity, doesn't control dissemination
71 of 182
What is the first requirement of authorship?
Personhood
72 of 182
Whats the basic rule for authored works?
The author is the person who creates the work. The more specific the contribution, the more likely
73 of 182
What is the rule on contributions?
Author must have contributed the relevant labour skill and judgement- contribution must be sufficient to confer originality
74 of 182
Case authority?
Donoghue v Allied Newspapers Ltd
75 of 182
Who is the author of a computer generated work?
The person who makes the necessary arrangements
76 of 182
Who is the author in cases of unknown authorship?
There must be reasonable enquiry to find out- if not its unattributed
77 of 182
Who is the author of sound recordings?
The producer
78 of 182
Who is the author of a film? In what case was this disputed?
Producer and Principle Director- Slate v Wimmer- should be director because they have creative control
79 of 182
How is CR usually allocated in films?
Usually by contract
80 of 182
Who is the author of a broadcast?
Creator
81 of 182
Who is the author of a published edition?
Creator of the arrangement
82 of 182
Which works can be jointly authored?
Any
83 of 182
What is joint authorship?
Collaboration of 2 or more authors in which their contribution is not distinct
84 of 182
What requirements must be satisfied?
Each author must contribute, Work must be as a result of collaboration
85 of 182
What are the requirements of collaboration?
Collaboration must be significant and original
86 of 182
What is meant by significant?
Substantial, considerable and non-trivial
87 of 182
What is not required?
Equal proportions of contributions
88 of 182
What does 'result of a collaboration mean'
there must be some unity
89 of 182
What is not required?
Intention to create
90 of 182
What is the rule in Headley v Kemp?
There must be no distinction between contributions
91 of 182
Who is the first owner of the work?
Author- but this can be assigned
92 of 182
Who owns the work if created in course of employment or if you're hired to do a job?
The employer
93 of 182
What is the general rule?
If its on your own time, and not related to work its not owned by employer
94 of 182
Authority?
Stevenson, Jordan and Harrison Ltd v Macdonald Evans
95 of 182
What about if you commission a work? Authority?
The commissioner has rights in equity- Ray v Classic Fm
96 of 182
When would equity intervene? Authority?
In duty of good faith and confidence- Missing Line Software
97 of 182
Where do economic rights come from?
Statute of Anne- right to print and reprint books
98 of 182
What are the issues in economic rights?
There is overlap caused by slow and confusing development
99 of 182
Where do the primary rights come from?
s16-21- CDPA
100 of 182
What type of offences is breach of these?
Strict Liability
101 of 182
Is permanence a requirement of infringement of right to copy?
No
102 of 182
What is the requirement for infringement of right to copy of authored works? Authority?
Copy must be produced in any original form- Brigid Foley v Elliot
103 of 182
What is required and not required for copies of art? Authority?
Requirement of visual similarity - doesn't matter if 2D or 3D- Rogers v Koons (US)
104 of 182
What is the difference with a film or broadcast? Authority?
Requirement is narrower than the others. Tixdaq
105 of 182
What is important about right to issue copies?
Once the work is in circulation, the right no longer subsists
106 of 182
What was the principle in Peek & Cloppenburg KG?
Display/Advertising is not the same as distribution
107 of 182
What constitutes dissemination? Authority?
Any agreement to sell, any sale or delivery- Donner
108 of 182
What is this mitigation called?
Exhaustion
109 of 182
How is exhaustion adapted for the EU?
Only applies within EEA if first sale was in EEA state
110 of 182
What is the exception of computer software?
Exhaustion applies to copies, not rentals
111 of 182
When can CR owners oppose importation into the EEA? Authority?
Where products have not previously been distributed there Blomquist v Rolex SA
112 of 182
When is importation illegal?
When distribution would be illegal
113 of 182
What is a rental?
Making work available for direct/indirect economic/commercial advantage
114 of 182
What is lending?
Making a copy of work available for use on terms that it will or may be returned, otherwise than for direct/indirect economic/commercial advantage
115 of 182
What is not covered by renting/lending?
Making a copy available for public performance, playing/showing in public or broadcast or exhibition in public
116 of 182
Which works do not have a performance right?
Artistic works
117 of 182
What was the definition of public in Duck v Bates?
Public = not domestic or small groups
118 of 182
What was the definition of public in PRS v Harlequin Records?
The character of the audience should be taken into consideration
119 of 182
What is the test to discern a public? Authority?
Who has access? Shared Characteristics? Infringement of CR owners monopoly? Jennings v Stephens
120 of 182
Which test is used?
Relationship between tests is unclear
121 of 182
How is the requirement interpreted in the courts?
Very broadly
122 of 182
What was the rule set out in Rafael Hotels SA?
TV sets/ambient music is sufficient. Public = lots of people
123 of 182
What was the rule in FAPL?
Concept should be construed broadly- any transmission- irrespective of means/process used?
124 of 182
Do hyperlinks count as communication to the public? Authority?
They count as making a work available, although this is dubious. Svensson
125 of 182
Is Svensson still adopted?
No, in C More Entertainment v Sandberg there was a deviation and hyperlinks are now considered communication
126 of 182
Does embedding a video count? Authority?
No, not a communication as long as the video isn't altered. Best Water
127 of 182
What acts count under making work available?
Uploading to the web or transmission to a place
128 of 182
What acts count as adaptation?
Translations, dramatic works converted to non-dramatic and musical arrangements
129 of 182
What is infringement?
Performing a right set out by the CR owner
130 of 182
What is the difference between direct and indirect infringement?
Direct is the copying itself, and indirect is adapting the work
131 of 182
What is necessary to show primary infringement?
Carrying out an act exclusive to the CR owner, causal connection, whole/substantial part of the work has been infringed
132 of 182
What is the similarity requirement for causal connection?
Similarity is not enough- there must a strong connection
133 of 182
Can infringement occur when D bases their work on a copy?
It may do
134 of 182
What was the rule in Francis Day & Hunter v Bron
There must be an act of copying
135 of 182
What is the case with subconscious copying? Authority?
Designer Guild v Russel Williams - still infringement but its hard to prove
136 of 182
What was the ruling in Mitchell v BBC?
Same inspiration is not enough for infringement
137 of 182
What is the court position on the 'whole or substantial part' requirement?
It has changed over times, courts are increasingly willing to consider small parts of a work as substantial
138 of 182
What is the British approach to the requirement? Authority?
Quality not quantity- the importance of the fragment to the work as a whole- Designers Guild
139 of 182
What is the EU approach to this requirement? Authority?
Their approach is unclear, a fragment of work will only be protected under Infopaq if it contains original elements
140 of 182
Is there a case which merges the standards? What was the rule?
England and Wales cricket board v Tixdaq- Substantial reproduction by composition requires only the important parts
141 of 182
What is the case with non-literal copying? Authority?
Non-literal copying can count as infringement- but only expression of ideas
142 of 182
What is secondary infringement?
When D facilitates copying, but doesn't produce any copies themeselves
143 of 182
What are the categories of secondary infringement?
People who distribute copies and dont make them, and those who enable copying
144 of 182
Case authority? What happened?
University of South Wales v Moorhouse - providing photocopies + not talking steps to limit use
145 of 182
What was the rule in Sony v Universal?
Tech that has substantial non-infringing uses are fine
146 of 182
What should you consider when applying the fair dealing exceptions?
Market impact- if a work is unpublished, its more likely to be unfair
147 of 182
What else is important? Authority?
Quantity of amount taken - Hubbard v Vosper
148 of 182
How does Ds commercial benefit change a decision? Authority?
Ds commercial benefit will weigh heavily against them- Newspaper Licencing Agency v M&S
149 of 182
What kind of temporary copies are often protected?
Transient copies necessary for telecommunication and have no commercial value
150 of 182
What was the ruling in the EU case of PR consultants association v Newspaper Licencing Agency
Browsing websites make copies, but this is ok as it is necessary for technical operation
151 of 182
What is special about the Private Use exception? Authority?
It was quashed by judicial review in 2015 in BASCA v Secretary of State
152 of 182
What are the grounds for the private study exception? Example?
Non commercial use & sufficient acknowledgement- Sillitoe v McGraw Hill Book Co- study notes were too extensive to be fair
153 of 182
What are the grounds for the criticism exception? Example + ruling?
Must be available to the public & Sufficient acknowledgement- Ashdown v Telegraph Group- take into account how much it interferes with author CR
154 of 182
What are the requirements for reporting current events?
Sufficient acknowledgement & Balance of protection of CR and free speech
155 of 182
what is the rule in incidental use? Authority?
Where work appears in the background, if it is necessary its not incidental - FAPL v Panini UK Ltd
156 of 182
What are the common law defences
Crown privilege, equity and public interest
157 of 182
What is included in parody?
Caricature, pastiche and parody
158 of 182
What was the ruling in Deckmyn?
Parody must evoke original work while being different, constitute expression of humour/mockery and balance interest of CR with freedom of expression
159 of 182
What are moral rights?
Non economic rights of creators
160 of 182
What is the UK approach to moral rights?
Pragmatic, and there are very few cases
161 of 182
Where do they come from?
Berne Convention and TRIPS- existed for ages in civil jurisdictions but have only recently come to common law
162 of 182
What are the moral rights?
Right to paternity, integrity, objection to false attribution and privacy
163 of 182
How is infringement of moral right dealt with in the UK?
As a breach of statutory duty with a reward of damages
164 of 182
How long do moral rights last?
Same as CR, except for false attribution which lasts 20 AD of person wrongly assumed as author
165 of 182
What is wrong with how the UK implemented moral rights?
Non-verbatim= a little half hearted
166 of 182
What is the right of paternity? What is special about it?
Right to be attributed, can't be assigned but may be waived
167 of 182
How do people normally assert the paternity right? Example?
(c) + name + date. Sawkins v Hyperion Records (with thanks to mr sawkins is not enough)
168 of 182
What do you have to show for infringement of a paternity right?
Author has not been identified (clear and apparent), distribution is required and no defences/exceptions apply
169 of 182
What is the right of integrity?
Right to have work not subject to derogatory treatment
170 of 182
What counts as treatment?
Addition/deletion/adaptation/alteration
171 of 182
What counts as derogatory?
distortion/mutilation of work or otherwise prejudicial to author reputation
172 of 182
Is this hard to prove?
High threshold, close to defamation
173 of 182
What do you need to show to prove integrity?
derogatory treatment, circumstances where author is protected, no exceptions and no consent
174 of 182
What was the rule in Confetti Records v Warner Music Ltd?
Meaning of words were unclear so no derogatory treatment. No evidence of an author reputation to have been tarnished
175 of 182
what was the rule in Snow v The Eaton Centre?
The test of integrity is subjective on the part of the author
176 of 182
What is the right to object to false attribution? Example?
Right not to be named on work you haven't created. Clark v Associated Newspapers - could the public be deceived by the parody
177 of 182
What is important to remember about the rule in Clark?
It is before the parody exception in 2014, so would now be covered under parody
178 of 182
When is damages an appropriate remedy?
When D knew the work was CR protected
179 of 182
What kind of injunctions are used?
seizure of material, order to take licence (common for software), prohibition of importation, against ISPs, prohibition of infringing acts
180 of 182
What is the rule in 20th Century Fox?
it was the first successful case against ISPs
181 of 182
Which other remedy is available?
Criminal Charges
182 of 182

Other cards in this set

Card 2

Front

When did copyright protection evolve mostly?

Back

Between the 18th and 20th centuries

Card 3

Front

What 3 rights combine to form copyright?

Back

Preview of the front of card 3

Card 4

Front

Where do you find the subject matter protected by CR?

Back

Preview of the front of card 4

Card 5

Front

How many categories are there?

Back

Preview of the front of card 5
View more cards

Comments

No comments have yet been made

Similar Law resources:

See all Law resources »See all IP resources »