Copyright infringement

Question 1

Test of infringement

Answer 1

Baigent v Random House
Francis Day v Bron
Horman Pictures v Osborne
T&A Textiles v Hala Textiles
SAS Institute v World Programming
Infopaq v Danske

Question 2

Baigent v Random House

Answer 2

There must be shown there is a protected work and that there is an infringement

Question 3

Francis Day v Bron

Answer 3

There must be a causal link there will be no infringement where the result was reached independently

Question 4

Horman Pictures v Osborne

Answer 4

common sources

Question 5

T&A Textiles v Hala Textiles

Answer 5

Similarities proved by the claimant

Question 6

SAS Institute v World Programming, Infopaq v Danske

Answer 6

Substantial copying but the quality is also important. Since originality can be found in small parts, infringement can also take part in small quantities

Question 7

Types of infringement

Answer 7

Copying
Issuing Copies to the Public
Rental/lending
Public performance
Communication to the public
Adaptation
Authorisation
Secondary infringement

Question 8

Copying

Answer 8

S 17 + Art 2 of Infosoc Directive

Question 9

Issuing Copies to the public

Answer 9

Art 4 of Infosoc Directive

Question 10

Public Performance

Answer 10

Duck v Bates
Turner v PRS
PRS v Harlequin

Question 11

Duck v Bates

Answer 11

It is important to assess the damage upon the economic interests of the rightholder

Question 12

Turner v PRS

Answer 12

playing music in a factory

Question 13

PRS v Harlequin

Answer 13

the character of the audience is of importance

Question 14

Authorisation

Answer 14

CBS v Armstrand - the HoL to grant or purport to grant expressly or by implication the right to do the act complained of.

Question 15

Secondary infringement

Answer 15

Vermaat v Boncrest

Infabrix v Jaytex

Question 16

Vermaat v Boncrest

Answer 16

It must be obvious for the defendant that his activity would infringe copyright

Question 17

Infabrix v Jaytex

Answer 17

Reasonable man approach