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Copyright Sources AimsCopyright Designs and Patents Act 1998 ('CPDA') EU legislation encourage and protect creative and original types C is an unreg'd IP right C does not give the owner a monopoly. A third party will only infringe if he has had access to the work or copied it or (in respect of secondary infringement) he knows or ought to have known he is dealing in infringed goods
Stage 1 - Subsistence and Validity
- s.1(1)(a) and s.3 Literary works - this has nothing to do w/literary Types of merit or style and includes computer software and databases. Database C defined v widely in s.3A
- S.1(1)(a) and s.3 dramatic works. Includes dance and mime.
- S.1(1)(a) and s.3 musical works. Nb. Tunes for a song will be musical works but the lyrics will have literary C in their own rights.
- S.1(1)(a) and s.4 artistic works:
- S.4(1) sets restricts scope of artistic works to 3 x categories:
- S.4(1)(a) graphic works, photographs, sculptures and collages (irrespective of artistic merit)
- S.4(1)(b) works of architecture (including models)
- S.4(1)(c) Works Of Artistic Craftsmanship ('WOAC'). Must have: some aesthetic appeal ('be artistic') and be made by a 'craftsperson'. To be assessed from point of view of a 3rd party. Eg. Architectural drawings for Shard, Alexander McQueen's dress sketches
- Nb. S.4 is drafted v widely so ultimately court's discretion as to whether a particular item can be protected
- Ss.5A, 5B and 6 sound recordings, sometimes referred to as secondary works
- S.1(1)(c) and s.8 typographical arrangement of published editions (must be published in book, newspaper or journal, can't just be reprinted by someone)
Subsistenc e/ criteria for copyright protection Fixation
- Identify type of work s.1 [see above]
- Fixed s.3(2)?
- No protection will be given to a literary, dramatic or musical work unless it has been recorded "in writing or otherwise".
- There is no fixation requirement for works which are recorded by their nature - eg. A painting, sculpture
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