Chapter 3 Forms of copyright works

Question 1

Define the 3 different categories of work in which copyright subsists

Answer 1

1. Literary, dramatic or musical works
2. Sound recordings, films or broadcasts
3. The typographical arrangement of published editions

Question 2

What is the definition of originality and which case is the classic example?

Answer 2

Requires only work that is the intellectual creation of the author - leading case University of London Press.

Question 3

In which rare case was originality not met?

Answer 3

In Exxon v. Exxon

Question 4

Define derivative works

Answer 4

Derivative works are works that in their nature depend on another original work

Question 5

What is an example where derivative works acquired copyright protection?

Answer 5

The translation of an original English book into German, the German translation may be covered under its own copyright protection as the translation is a derivative work and the author’s intellectual creation.

Question 6

In what situation does copyright not subsists?

Answer 6

If the literary, dramatic or musical work is not recorded or in writing. In other words, when it is not materialized.

Question 7

Define the minimis principle

Answer 7

No protection for works that are trivial or extremely small even when it is the author’s own creation.

Question 8

Explain the difference between the UK originality approach and the EU approach

Answer 8

UK: places a greater role on economic interests associated with copyright
EU: droit d’auter