Law Notes Intellectual Property Law Notes
IP law notes fully updated for recent exams at Oxford and Cambridge. These notes cover all the LLB Intellectual Property law cases and so are perfect for anyone doing an LLB in the UK or a great supplement for those doing LLBs abroad, whether that be in Ireland, Hong Kong or Malaysia (University of London).
These were the best IP Law notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of LLB samples from outstanding law students with the highes...
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Subject matter
s1(1) CDPA closed list covers
(a)original literary, dramatic, musical or artistic works,
(b)sound recordings, filmsor broadcasts, and
(c)the typographical arrangement of published editions.
For the wardrobe to be a copyright work under the CDPA, B will need to bring it within one of the prescribed categories in s1(1) (‘closed list’).
Authorial works (require fixation - s3(2))
Literary
Dramatic
Musical
Artistic
Entrepreneurial works
Films (can also be dramatic though)
Sound
Broadcast
Typographical arrangement of published editions
s3(1) Literary work
“literary work” means any work, other than a dramatic or musical work, which is written, spoken or sung, and accordingly includes—
(a)a table or compilation
(b)a computer program;
(c) preparatory design material for a computer program and
(d) a database - see s3A
A literary work is not limited to works of literature; can include anything written or printed - University of London Press {maths exam paper}.
Artistic quality is irrelevant - University of London Press
Invented names (no)
Not literary works (Exxon)
Titles and headlines (possibly)
In general, a title is not sufficiently substantial to be a literary work (Francis, Day and Hunter v 20th Century Fox):
In that case: ‘The Man Who Broke the Bank at Monte Carlo’ was not protected – ‘broke the bank’ is a common expression and ‘Monte Carlo’ is the place most obvious to break a bank at).
But possibly a creative title would distinguish Francis and can be a literary work
Computer program
Graphic User Interface (GUI) is not a computer program because a key characteristic of a computer program is that it enables the reproduction of the program itself.
Databases
s3A
(1)In this Part “database” means a collection of independent works, data or other materials which—
(a)are arranged in a systematic or methodical way, and
(b)are individually accessible by electronic or other means.
Fixtures Marketing:
The data was football fixtures:
Each fixture was independent of each other (i.e. had independent autonomous value)
Arranged in methodical way: organised chronologically.
s3(1)
“dramatic work” includes a work of dance or mime; and
Each individual episode can be protected as a film and dramatic work, but can the series format itself (i.e. the features repeated show-to-show) be a dramatic work?
General:
A TV series format will not be a dramatic work as the features which repeat show-to-show must have sufficient unity in order to be capable of being performed – Green v BCNZ.
In that case: the features of ‘Opportunity Knocks’ were unrelated to each other; just a selection of random elements
Exception
Banner Universal Motion Pictures: it is at least arguable that a TV series format is a dramatic work if it (i) has clearly identifiable features, which taken together (ii) distinguish the show from similar shows, and (iii) can make up a coherent framework which can be repeatedly applied.
Will have literary and artistic works within it, but can the whole video game itself be a dramatic work?
No as the sequence of images will not be the same from one game to another, so (1) no sufficient unity, and (2) not capable of being performed - Nova v Mazooma Games.
A film can be protected as a dramatic work as it is capable of being performed in front of an audience (performance by artificial means) (Norowzian v Arks)
Three situations:
Recording of a Broadway show:
Broadway show is a dramatic work (capable of being performed).
Recording is a film and a dramatic work (capable of being performed (both actually in a physical sense and the artificial sense)).
Recording of a sporting event, news reel, static plant plot
Sporting event, news reel, static plant pot is not a dramatic work (sporting event can be as is a ‘work of action’ but just won’t be original)
Recording is just a film.
Recording of a cartoon, heavily-edited film
The cartoon, heavily edited film is not a dramatic work (not capable of being performed)
Recording is a film and a dramatic work (capable of being performed in front of an audience in the artificial sense)
s3(1)
musical work” means a work consisting of music, exclusive of any words or action intended to be sung, spoken or performed with the music.
Note: musical works are not lyrics (literary works), dances or performances (dramatic works)
Mere noise is not a musical work - Hyperion Records v Sawkins
The actual notes of music are not the only subject matter covered; also covers other elements that contribute to the sound as performed, e.g. tempo and performance instructions - Hyperion Records v Sawkins
Arguments against:
Mere noise is not a musical work (Hyperion Records v Sawkins) – in a way silence is similar to mere noise.
Arguments for:
The fact that the Cage dispute resulted in a six-figure settlement could indicate that silence can count as a musical work.
4 Artistic works.
(1)In this Part “artistic work” means—
(a)a graphic work, photograph, sculpture or collage, irrespective of artistic quality,
(b)a work of architecture being a building or a model for a building, or
(c)a work of artistic craftsmanship.
s4(2)
“graphic work” includes—
(a)any painting, drawing, diagram, map, chart or plan, and
(b)any engraving, etching, lithograph, woodcut or similar work;
Can make-up constitute a painting?
No (Merchandising v Harpbond)
Can a tattoo constitute a painting?
Make up is not (Merchandising v Harpbond)
But is a tattoo different?
Merchandising v Harpbond said that a painting needs a surface and a face (unlike a canvas) is not, indicating that a tattoo on the body is not a painting either.
But if the decision is instead justified...
Buy the full version of these notes or essay plans and more in our Intellectual Property Law Notes.
IP law notes fully updated for recent exams at Oxford and Cambridge. These notes cover all the LLB Intellectual Property law cases and so are perfect for anyone doing an LLB in the UK or a great supplement for those doing LLBs abroad, whether that be in Ireland, Hong Kong or Malaysia (University of London).
These were the best IP Law notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of LLB samples from outstanding law students with the highes...
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