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Law Notes Intellectual Property Law Notes

Copyright Notes

Updated Copyright Notes

Intellectual Property Law Notes

Intellectual Property Law

Approximately 1014 pages

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...

The following is a more accessible plain text extract of the PDF sample above, taken from our Intellectual Property Law Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

  1. 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.

Opening statement

  • 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’).

The categories

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

Literary works - s3(1)

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

General points

  • 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

Specific scenarios

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

Statute

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.

Dramatic works - s3(1)

s3(1)

“dramatic work” includes a work of dance or mime; and

TV series format

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.

Video game

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.

Films

  • 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:

  1. 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)).

  1. 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.

  1. 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)

Musical works - s3(1)

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)

General points

  • 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

Can silence be a musical work?

  • 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.

Artistic works - s4(1)

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.

Graphic work- s4(1)(a)

s4(2)

“graphic work” includes—

(a)any painting, drawing, diagram, map, chart or plan, and

(b)any engraving, etching, lithograph, woodcut or similar work;

Painting

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...

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