Copyright - Subject Matter and Criteria

Which case suggested that photographs could be original under the UK standard and what did it say?

Antiquesportfolio.com v Rodney Fitch: photographs of furniture where original because LSJ went into arranging the furniture and lighting the scene.

Which case concerns the general rule that names and invented words cannot be a literary work and why?

Exxon Crop v Exxon Insurance: they convey no information. Infopaq also suggests that single words couldn't be author's own intellectual creation.

What case established that films may also be treated as dramatic works and what was the added requirement for this to be so?

Norowzian v Arks (No 2): Berne convention treats works of cinematography as authorial works so UK law would protect creative films where there is cinematographic work on the film.

Which case helped to give a better definition to drama and what is that definition?

Norowzian v Arks (no 2): must be a 'work of action' capable of being performed.

How is a literary work defined by the CDPA and which statutory section concerns this?

s3(1): ''literary work' means any work...which is written, spoken or sung'.

How is a dramatic work defined by the CDPA and which statutory section concerns this? Why is this problematic?

s3(1): dramatic work includes a work of dance or mime. There is no definition of drama.

How is a musical work defined by the CDPA and which statutory section concerns this? Why is this definition problematic?

s3(1): musical work means work consisting of music, exclusive or words or actions intended to be sung, spoken or performed with the music. No definition of music!

What is the added requirement for literary, dramatic and musical works before they can gain copyright protection and which section of the CDPA contains this?

s3(2): copyright only arises in such works which are 'recorded in a material form'. This does not have to be by the author at the time of creation, it could be later.

How is an artistic work defined by the CDPA and which statutory section concerns this?

s4: means (a) a graphic work, photograph, sculpture or collage, irrespective of artistic quality, (b) a work of architecture being a building or a model of a building, or (c) a work of artistic craftsmanship.

In which statutory sections of the CDPA are the rules for sufficient connection to the UK? What is the general provision?

ss153-156 If the author is a citizen of a qualifying country, or the work was published in a qualifying country, they may be protected.

Which sections of the CDPA define entrepreneurial works?

ss5A, 5B, 6 and 8.

What were the two different ways in which artistic character was understood in that case?

1. Must generate emotional response 2. whether author intended to create work of art

Which 2 cases suggest that AOIC is now the standard applied in the UK to ALL works?

1. NLA v Meltwater 2. SAS Institute v World Programming

As well as the subject matter and possibly being recorded in material form, what are the other criteria for copyright protection?

1. the work must be original; 2. sufficiently connected to the UK; and 3. Must not be excluded from protection on public policy grounds.

Which case concerned the definition of engraving and what did it find?

Wham-O Manufacturing: mould for Frisbee protected because it as made from cutting into surface and was therefore an engraving.

Which case reaffirmed and expanded Glynn, and how?

AG v Guardian (No 2) - the spycatcher case: expanded glynn to the circumstances in which the work was created.

What is peculiar to remember about entrepreneurial works?

Can only be infringed by reprographic copying.

Who argues that the effect of exclusion based on public policy is unclear and why?

Capringer: unclear whether it means there is no copyright in the work or that equity will not enforce the copyright.

What is the statute which covers copyright?

Copyright, Designs and Patents Act 1988

What is the test to be applied to determine originality? Why can the UK cases still be useful?

EU Infopaq test of Author's Own Intellectual Creation (AOIC). Still useful because it is still not clear how AOIC will differ to the UK test in all situations so caselaw can be informative.

Which case established that where the expression is 'dictated by function' it is not original and what were the facts of this case?

Football Association Premier League: football matches were not original because they are subject to the rules of the game and leave no room for creative freedom.

Which case suggests that very short texts are likely to fall short of originality?

Francis Day and Hunter v 20th Century Fox - the man who broke the bank at monte carlo.

Which case suggests that a similar approach would be taken to titles?

Francis Day and Hunter v 20th Century Fox: song title 'The Man Who Broke the Bank at Monte Carlo' not protected.

Which case established the definition of artistic craftsmanship and what is that?

George Hensher: artistic craftsmanship requires an item to have 'artistic character.

Which case established that obscene, immoral or blasphemous works may be excluded from copyright protection?

Glynn v Weston Film Feature: dramatic work 'Three Weeks' denied protection because it advocated 'free love' and 'sensual adulterous intrigue'.

What case suggests other factors required of a dramatic work and what were the facts of this case?

Green v Broadcasting Corp of New Zealand: opportunity knocks game show not dramatic work. Work must possess sufficient 'unity' to enable capability of being performed.

What other case concerned the definition of craftsmanship and what did it say?

Hensher v Restawhile: 'craftsmanship' presupposed special training, skill and knowledge.

Which case stated the test which a literary work must meet and what is that test?

Hollinrake v Truswell: literary work must be a creation which affords 'either information and instruction, or pleasure, in the form of literary enjoyment'.

Which case established that engineering drawings could be artistic works?

Interlego

Which case suggests that mere labour will not be enough?

Interlego - slavish copies are not original.

What is the test for derivative works and which case concerns this?

Interlego: derivative works can be original but LSJ cannot come from mere copying. There must be some material alteration which suffices to make the totality of the work an original work. The alteration must also be of the correct kind.

How has EU law effected the subject matter provisions of UK law?

It is argued on the basis of Infopaq that, even if a work does not fit within one of the subject matter categories, it should be protected if it amounts to the author's own intellectual creation.

What did Ladbroke say about the amount of LSJ involved?

It must be substantial and not trivial.

Why could denying copyright for works against public policy also have a paradoxical effect?

It would place the work in the public domain and therefore could increase the speed and breadth of circulation.

What was the traditional UK originality test and which case did this come from?

Ladbroke v William Hill: work must involve some 'labour, skill and judgment' on the part of the author. Betting coupons original because LSJ gone into devising the system that informed the coupon.

How long does authorial copyright last?

Life + 70 years.

What works are termed 'authorial' works?

Literary, dramatic, musical and artistic works.

Which case confirmed that university exam papers could be a literary work?

London University v Tutorial Press

What was the name of the case concerning the stormtrooper helmet and what did it establish?

Lucasfilm v Ainsworth: to be an artistic work, the author must have intended their work to be art.

Which case concerned the requirements of a painting and what were the facts of this case?

Merchandising v Harpbond: face make-up of Adam Ant. A painting is understood in ordinary usage. A painting requires a surface and the only possible surface here was face. Removing the paint from the face is not a paining. It is an idea and is unprotectable.

Which case defined sculpture and what was that definition?

Metix v Maughan: 'a three dimensional work by an artist's hand'.

Which case established that silence can be a musical work?

Mike Batt v John Cage

Which case concerned when a photograph could be AOIC and what did it say?

Painer: could be AOIC if the photographer had been able to stamp the work with their 'personal touch'.

Which case gives an example of finding a musical work and what were the facts of this case?

Sawkins v Hyperion Records: held that musical work had been created by transcribing old work into modern notation while leaving the music unchanged.

What works are termed 'entrepreneurial' works?

Sound recordings, films, broadcast and the typographical arrangement of published editions.

Which case concerned a journalist recording a speech in short hand? Was this original and if so why? Why might this fail the EU test?

Walter v Lane: yes, because the journalist expended skill and labour in recording it. May fail because work but no creativity.

What did Infopaq say AOIC required?

creative choices