Works: Independent - derivative - inspired

Question 1

Originality

Answer 1

Qualitative requirement - either original works or concept of individuality

Question 2

Different approaches to originality

Answer 2

1. UK/USA meaning: original works (Copyright Designs and Patent Act 1988 - ORIGINALITY)
2. continental Europe refers to notion of ‘creation’ or ‘individuality’ mostly; a concept of romantic authorship - strictly connected with the idealistic justification of copyright

Question 3

University of London Press Ltd v University Tutorial Press Ltd

Answer 3

„the work must not be copied from another work - that it should originate from the author” [objective approach]

Question 4

Feist Publications case

Answer 4

the facts contained in existing works may be freely copied, because copyright protects only the elements that owe their origin to the compiler - the selection, coordination, and arrangement of facts

Question 5

Bleistein v Donaldson

Answer 5

aesthetic neutrality required from the judge; it means also that copyright law protects every result of human intellectual effort despite irrespective of its worth or artistic meaning or even lack of it

Question 6

Infopaq International v. Danske Dagblades Forening [2009]

Answer 6

Under EU copyright law the required originality standard is the “author’s own intellectual creation”. This standard applies horizontally to all subject matter covered by EU copyright directives

Question 7

The author’s own intellectual creation is present when authors can exercise free and creative choices and put their personal stamp on the work

Answer 7

Football Dataco v. Yahoo! [2012], 38; Infopaq International v. Danske Dagblades Forening [2009], 45; Bezpečnostní softwarová asociace v. Ministerstvo kultury [2010], 50; Eva-Maria Painer v. Standard VerlagsGmbH [2011], 89, 92

Question 8

There is no room for the originality requirement to be met, when an expression is determined by technical or functional rules, such as when there is only one way to express an idea, or the expression is predetermined by a specific goal or constrained by narrow rules that leave no space for free and creative choices

Answer 8

Football Association Premier League v. QC Leisure and Karen Murphy v. Media Protection Services, 98 [2011]; Bezpečnostní softwarová asociace v. Ministerstvo kultury [2010], 49; Football Dataco v. Yahoo! [2012], 39

Question 9

Derivative works

Answer 9

works that are derived from or based upon already existing works

Question 10

Difference between derivative works and inspired works

Answer 10

Depends on the definition of idea/expression dichotomy: an inspiration usually uses an idea coming from the original, whereas a derivative work uses some expressions or excerpts from the original work

Question 11

Superman case - protection over a fictional character

Answer 11

a simple use of an abstract and fictional character would be rather considered as an inspiration, e.g. a book about a boy who discovers he owns some magical skills, goes to a magical school, joins a team of magicians and discovers a brave new world;
however a use of concrete, even fictional, character associated with one work, would be then considered as a derivative work/copyright infringement, e.g. a book about new adventures of Harry Potter.