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IP > Deck 1 - CR > Flashcards

Deck 1 - CR Flashcards

(55 cards)

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1
Q

Art. 5 (2) Berne Convention

A

CR is an unregistered right – arises automatically w/out formalities

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2
Q

TRIPS Art 9 (2)

A

CR protection shall extend to expression, not ideas, procedures, modus operandi or maths concepts

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3
Q

Jeffery’s v. Boosey

A

UK CR protection doesn’t include ideas ‘the claim is not to ideas but to the order of words…’ Erle J.

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4
Q

Nova v. Mazooma

A

2007 – IDEAS are not protected – Nova had emulated but not copied any code and was thus legitimate;
Video Games are not dramatic works

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5
Q

SAS v. World Programming

A

2010 – Arnold J – replicating functionality ≠ infringe CR – are Programming languages/interfaces/functions CR protected?

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6
Q

Elanco v Mandrops

A

1979 – weedkiller instructions – D sold similar product with similar leaflet to C – CA granted injunction Lord Goff saying D should have used publically available info & that would have been OK

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7
Q

Common Law CR model

A

Concerned with:
Encouraging production of new works;
Indifference to authors – UK law presumes an employer is first owner made by employee;
limited legal restrictions on alienability;
half-hearted recognition of moral rights;

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8
Q

Berne Convention

A

Protection w/out formalities (reg’tion);

Term of protection = life + 70 years

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9
Q

Trade Related Aspects of IP Rights (TRIPS)

A 
Aims = 
Non-discrimination;
Equality of treatment;
Transparency;
Establishes minimum standards for protection;
No Enforcement;
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10
Q

WIPO

A

Introduced internet treaties / failed in trying to update Berne to Modern day;

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11
Q

Universal CR Convention (UCC)

A

Gave us CR symbol;
Need : symbol, name, year of 1st publication for protection;
No formalities;

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12
Q

Info. Society Directive 2001

A

Brings EU CR rules into digital era;
Establishes rights of:
1) Reproduction;
2) Communication to public/making available;
3) Attempt to harmonise exceptions to CR
NB/ mandatory Exception = internet cookies

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13
Q

CDPA 1988

A

Gives exhaustive list of types of creation automatically protected by CR law;
PROB – closed list of categories = CR has to be stretched to give protection to creative expressions the protection wasn’t contemplated for.

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14
Q

Creation records v News Group

A

artistic photo for album cover (Gallagher) not fall into list of protected work;

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15
Q

Lancome v Kecofa

A

Dutch supreme CRT protected perfumes by CR – not possible under UK law.

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16
Q

Electronic Technique v Critchley

A

1997 – Laddie J – Circuit diagram could not be both Literary and Artistic

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17
Q

Norowzian v Arks

A

2000 – CA – accepted that the maker of a film may produce 2 CR works – A film CR & a dramatic work in the ‘cinematographic’

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18
Q

S.3 CDPA

A

Definition of a Literary Work;

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19
Q

S. 172 CDPA

A

Amends CR act 1956

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20
Q

S. 179 CDPA

A

Definition of ‘writing’ – any form of notation or code, whether by hand or otherwise regardless of method/medium it is recorded on

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21
Q

Uni. London Press v. Uni Tute Press

A

Literary works ≠ limited to works of literature
Def. Of ‘written’ highlights that aesthetic or qualitative criteria are irrelevant when it comes to Id’ing literary work;
Maths exams = original literary works for CR protection

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22
Q

Express Newspapers v Liverpool Daily Post

A

Creating the sequences of letters set out in 5x5 grids published in a newspaper involved skill and labour and provided info. as to whether a reader had won or lost a bingo game so work.
Criticism: Dangerous as drifting towards protecting the ideas themselves. Just result though

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23
Q

Titles, names, Trademarks & CR

Study These Flashcards
A

CR does not exist in such things

24
Q

Green v Broadcasting NZ

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A

Game show title ≠ protectable;

‘Little evidence of scripts showed general idea… dramatic format lacked certainty;

25
Rose v Info Services
‘The Lawyer’s Diary’ ≠ literary work but = simple, description of product;
26
Hunter v 20th Century Fox
Cr of song not infringed by performance of motion picture w/ same name;
27
Ibcos Computers
Computer Programmes = Protected as literary works; Computer program includes source code; Entrenched in Euro Software Dir.
28
S. 3 (1) (d) CDPA
Databases are now a distinct class of literary work – complying w/ Database Directive
29
S. 3 (1) CDPA Dramatic Work
Includes scripts for films, plays & choreographic work; | Must be work of action;
30
Norowzian v Arks
A film per se CANNOT be a work of dramatic work; | Dramatic work = work of action which is capable of being performed with or without music/ words
31
Creation Records
Static objects, sets, scenery, costumes ≠ works of actions; | ARE protectable as Artistic works (shelly films)
32
S. 3 (1) CDPA
Def. Musical Works
33
Hyperion Records v Sawkins
Mummery J - Other elements that ‘make some contribution to the sound of the music when performed, such as performing indications, tempo and performance practice indicators, if they are the product of a person’s effort, skill and time’ can be granted copyright = S work has ‘sufficient aural and musical significance to attract copyright protection’
34
Cage (2002)
Is silence CR protected? Cage has the work 4’33 of silence – the group the planets included 60 seconds of silence on their work – Payment to Cage indicates fear Crt would treat silence as protected;
35
S. 4 CDPA
Def. Graphic Work
36
Merch. Corp. USA v Harpbond
S. 4 (a) CDPA - CA – Lawton J – make up on a face not possibly be a painting; Painting requires permanency – tattoo yes (Bently J)
37
Kenrick v Lawrnece
S. 4 (a) CDPA - Drawing = CR Protectable – drawing of hand on how to vote card
38
Stephenson Blake
S. 4 (a) CDPA - Typeface design = CR Prtcbl.
39
Lucasfilm v Ainsworth
S. 4 (a) CDPA - Sculpture – were uniform & helmet CR sculptures Jacobs J – No – lacked artistic purpose – primary aim = utilitarian
40
Darwin Fibreglass v. Kruhse
S. 4 (b) CDPA – AUS case – building or model – moulds used for manufacture = Cr prtctbl
41
S. 4 (c) CDPA -
Works of Artistic craftsmanship
42
Vermaat v Boncrest
Test = req’d evidence of creativity to be artistic; - patchwork bed ≠ artistic craftmanship
43
Hensher
Lord Simon – work of craftsmanship presupposes ‘special training, skill and knowledge for its production’; Lord Reid – A durable useful handmade object; Test = 1) Must give pleasure and be valued for its appearance; 2) Court can decide after talking to expert witnesses; 3) Author must be consciously trying to create a work of art 4) There must be genuine craftsmanship involved;
44
S. 5A (1) CDPA
Sound recordings – requires SOUNDS – single sound = excluded; Soundtrack of film = treated as part of film;
45
S. 5B (1) (2) CDPA
Films – recording on any medium from which a moving image may, by any means, be produced; No UK req’mnt that film be original
46
S. 6(1) CDPA
Broadcasts
47
S. 8 CDPA
Typological arrangements of published editions; | Only 25 years protection;
48
S. 58
Journalist’s exception -
49
Walter v Lane
1900 – HL held literary CR attached to Times’ reports of public speeches which L copied; Lord James – concerned with appropriation of labour and skill
50
Express NewsPapers v News
No CR in current news story | BUT CR IN the actual words of the report;
51
S. 1 (1) CDPA
Originality: the work has originated from the author and has not been copied from another work
52
Interlego v Tycho
For CR to exist there must be an original work; | Modifications may be technically relevant but IF THEY ARE NOT VISUALLY significant, they do not give rise to a new CR
53
S. 154 & 155 CDPA
A work qualifies for protection if: 1) Author is British citizen; 2) Domiciled; 3) Resident in UK or body incorp’ed under UK law or a Qualifying country; 4) The work was first published or published simultaneously in a qualifying country
54
Duration of CR
Life + 70; 50 years for sound recordings; 25 for typographical or published arrangements
55
Walter v Lane
Existence of CR in an impromptu speech – Speaker was author of written work for CR purposes, the reporter used skill & judgment in recording the speech – was the author of the report of the speech

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