Introduction i
Guided tour i
Chapter 1: Copyright subsistence
Chapter 2: Authorship, ownership and moral rights
Chapter 3: Copyright infringement, remedies and defences
Chapter 4: Confidentiality
Chapter 5: Patentability, entitlement and ownership
Chapter 6: Patent infringement, defences and remedies
Chapter 7: Design law
Chapter 8: Trade mark registrability
Chapter 9: Trade mark infringement
Chapter 10: Passing off
Chapter 11: Intellectual property, computer software and
the internet
And finally, before the exam
Glossary of terms
內容試閱：
A film is a dramatic work distinct from the script. Rhythm, pace and movement are ideas, and cannot be protected as only the specific expression of the idea is covered. A similar problem of ‘slipping through the net’ is found in television game-show formats. often these comprise stock phrases or events which are interjected at appropriate times. For copyright to arise there must be fixation, a script recorded in permanent form. This is not appropriate to game-shows, which are expected to be spontaneous. !
Don’t be tempted to . . .
Don’t assume that all creative effort is protected by copyright. if the purpose of copyright is to protect creative effort, it is not doing so. by being so prescriptive in what is a ‘work’, uK copyright law may fail to provide protection for all creativity.
musical works
For copyright purposes music and lyrics are separate. lyrics are protected as literary works, so what is left is the music. The copyright can be owned by different people and expire at different times.
kEy sTATuTE
section 31 Copyright, designs and Patents Act 1988 part ‘A musical work is one consisting of music, exclusive of any words or action intended to be sung, spoken or performed with the music.’
There is, as with most of the other ‘original’ works, no quality requirement, and even a few notes may attract copyright. They must, however, be original. They may still be regarded as original musical works even if they are based on an existing piece of music. such adaptations or transcriptions will attract their own copyright if the minimum amount of skill and labour has gone into their creation. it may be found, however, that the adaptation or transcription infringes the copyright in the earlier musical work if made without the permission of the owner.
kEy CAsE
Hyperion Records Ltd v Sawkins [2005] rPC 32, CA Concerning: whether a new copyright had been created by substantial editing Facts
Dr sawkins wrote new performing editions of some musical compositions that had gone out of copyright. he added some new aspects and changed some notes to make A ‘WoRK’
them possible to play. his intention was to recreate the music as originally written as a complete and accurate score of the music did not exist. hyperion re-recorded the music without the permission of Dr sawkins, claiming that there was no copyright as it had expired. They were found to have infringed Dr sawkins’s copyright.
Legal principle
This was not merely transcription. The notes are not the only expression that is protected by copyright. other elements contribute to the sound of the music when performed and they can be protected if they are the product of an author’s effort, skill and time.
3
Make your answer stand out
The distinction between interpretation and composition is a difficult one to make. For a clear summary of the problems associated with musicologists working on old material and whether what they are doing amounts to authorship or editing, see groves 2005.
Artistic works
Copyright subsists in an artistic work irrespective of artistic quality. it will cover purely utilitarian or functional works as well as ‘works of art’. This is not the case with works of artistic craftsmanship, where more than originality and fixation is needed for copyright to arise.
kEy sTATuTE
section 41 and 2 Copyright, designs and Patents Act 1988
An artistic work means a graphic work painting, drawing, diagram, map, chart or plan, a photograph, sculpture which includes a cast or model made for the purposes of sculpture, collage, all irrespective of artistic quality. it also includes a work of architecture a building; a fixed structure or a model for a building or a work of artistic craftsmanship.
We can see that the meaning of ‘sculpture’ is very wide but it must be a three-dimensional work and some regard has to be had to the normal use of the word. The wooden models used as a mould to make the Frisbee were held to be sculptures but the supreme Court Lucasfilm Ltd v Ainsworth, the Star Wars case confirmed that this and some other cases on sculptures were wrongly decided. An artist must be involved in the creation of a sculpture. There must be an underlying intention that the three-dimensional object should
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