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IP PGDip > Copyright > Flashcards

Copyright Flashcards

1
Q

Sawkins v Hyperion

A

Subsistence/Fixation: score is fixation, copyright is in music.

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2
Q

Creation Records

A

Subsistence: closed list of works.

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3
Q

Exxon

A

Subsistence/Literary: if “information/instruction” or “pleasure” in literary form = literary work.

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4
Q

Infopaq

A

Subsistence/Literary: can be short (11 words) no minimum.

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5
Q

SAS

A

Subsistence/Literary: computer programs does not protect functionality/design.

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6
Q

Norowzian v Arks

A

Subsistence/Dramatic: “a work of action with or without words capable of being performed before an audience”
Not dance sequence that cannot be performed.

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7
Q

Nova v Mazooma

A

Subsistence/Dramatic: not video games.

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8
Q

Creation Records

A

Subsistence/Dramatic: not static photographic scene.

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9
Q

FAPL

A

Subsistence/Dramatic: not sporting events.

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10
Q

Green

A

Subsistence/Dramatic: not TV formats.
cf: Banner Universal can in principle be protected if repeats features which are clearly identifiable which distinguish the show.

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11
Q

Sawkins v Hyperion

A

Subsistence/Music: re-recorded LaLande’s works to create new performing editions = new original work.

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12
Q

John Cage v The Planets

A

Subsistence/Music: silence?

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13
Q

Temple Island Creations

A

Subsistence/Artistic/Photograph: non-literal copying i.e. taking photo from similar stand point.

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14
Q

Technomed

A

Subsistence/Artistic/Graphic Works: drawings can be functional.

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15
Q

Adam Ant

A

Subsistence/Artistic/Graphic Works: make up is not painting.

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16
Q

Lucas Films v Ainsworth

A

Subsistence/Artistic/Sculpture: normal use of “sculpture”. Key Q: visual appeal? Is there an intrinsic quality that is intended to be enjoyed?
Subsistence/Artistic/Artistic Craftmanship: skill/training required.

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17
Q

Creation Records

A

Subsistence/Artistic/Sculpture: collage is two or more things stuck together.

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18
Q

Merlet v Mothercare

A

Subsistence/Artistic/Artistic Craftmanship: quality of “art”/evidence of creativity.

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19
Q

Hensher

A

Subsistence/Artistic/Artistic Craftmanship: not mass marketed.

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20
Q

NLA

A

Subsistence/Typographical Arrangement: protects layout of edition. Must be at least a page.

21
Q

Walter Lane

A

Originality: (UK) “labour skill and judgment” about a verbatim transcript of a speech, was original.

22
Q

Infopaq

A

Originality: (EU) “author’s own intellectual creation”

23
Q

Football Dataco

A

Originality: (EU) creative choices.

24
Q

Meltwater

A

Originality: test in UK not yet changed.

25
Q

Baigent

A

Originality: can copy ideas, but not expression.

26
Q

London Press

A

Originality: not slavishly copied.

27
Q

Cala Homes

A

Ownership: joint ownership requires collaboration.

28
Q

Hadley v Kemp

A

Ownership: collaboration in creation not performance.

29
Q

Slater v Wimmer

A

Ownership: director of film has creative control.

30
Q

CC v Mayfair

A

Ownership: producer of film is “maker” responsible for making arrangements.

31
Q

Chadwick v Lypiatt Studio

A

Ownership: definition of “employee” relates to degree of control. Also not fatal if assignment is not in writing.

32
Q

BNP Paribas

A

Ownership: implied licence terms must pass “officious bystander” test.

33
Q

Christopher Grabin

A

Ownership: pass by testamentary disposition.

34
Q

Pirate Bay

A

Infringement/Communication to public: “communication” is wide.

35
Q

SCF

A

Infringement/Communication to public: “public” = an indeterminate number of potential viewers.

36
Q

Svensson

A

Infringement/Communication to public: linking material on another website was not communication to the public as linked material was freely available.

37
Q

GS Media

A

Infringement/Communication to public: was not freely available, therefore “new public” as public was not originally contemplated or authorised by rightsholder. Creates requirement that if know/ought to have known material linked had not been authorised = infringed. Presumption of knowledge were D carries out for profit.

38
Q

Renckhoff

A

Infringement/Communication to public: if freely available image but you embed on your site = infringement.

39
Q

Amstrad

A

Infringement/Authorisation: facilitation is not enough.

40
Q

NCA v Charley

A

Infringement/Authorisation: can be liable even if tort is exempt.

41
Q

Cantor

A

Infringement: copying code from computer programs. SAS: functionality is idea not expression (therefore not protectable).

42
Q

Francis Day & Hunter v Bron

A

Infringement: need derivation/similarity.

43
Q

King Features

A

Infringement/Derivation: can be indirect.

44
Q

Designer’s Guild

A

Infringement/Similarity: “substantial part” is qualitative.

45
Q

LA Gear

A

Infringement/Secondary: knowledge.

46
Q

Hubbard v Vosper

A

Exceptions/Fair Dealing; e.g. amount taken, use made, impact, commercial advantage.

47
Q

British Horseracing

A

Database/SG: protects investment not content.

48
Q

Football Dataco

A

Database/Copyright: show intellectual creativity/effort in choosing contents.

49
Q

Forensic Telecommunications Services

A

Database/Copyright: no basic arrangement of content.

IP PGDip (3 decks)

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