The bar for originality under the Walter v Lane test is very low.
2. Has the
Even lower than the other approach.
Duriron Company Inc v ugh Jennings & Co Ltd
SOMETHING HERE?
If you allow really simple work has protection, you have difficulty
Antiquesporfoliocom plc
Photographs ought to have the author’s personality and flair in the photograph.
The third test (Although the lecturer feels it still belongs to the second caregory.)
C-5/08 Infopaq International
Talks about the intellectual creation of the author.An ECJ case.
C- 393/09 Bezpecnostni
About an author having to create an intellectual thumbprint on his work.
In Europe you’re looking not just at labour, but also of evidence of creativity.
Moral rights, authors rights in Europe. Based on the author’s personality. You need to protect the personality of the author.
Although the Court refers to an intellectual creation it does so in the context of para 35 which clearly relates such creation to the question of origin not novelty or merit.
Sometimes, we have issues dealing with changes to existing works.
Changes to existing works.
Lord Oliver n Interlego
Drawing.One had slightly bigger bricks than the other. The issue was whether it was sufficient to allow copyright to exist. 1 mm difference. The lord said that the change had to be significant. It should be the drawing in question and not the size of the bricks that should be in question.
Mac Millan v Cooper
????
To obtain copyright, 5 requirements have to be passed:
Originality is important, but the work must be sufficiently connected to the UK.
In the past, it was essential that the country is a member to a treaty the UK was a part of. This is not so important now.
That the work is not excluded from protection on public policy grounds.
Overlaps with the breach of confidence law.
Copyright should exist for something v doesn’t exist for something.
Here, we are saying that copyright doesn’t exist for certain work.
Glyn v Weston Film Feature
Play had been infringed.
Play concerning sensuous aldulterousintrique.
Other cases like the spy catcher case.
AG v Guardian (No 2) [1990]
Alot of it considered confidence law. However, others concerned copyright.
It would be wrong to be able to allow copyright in a work such as this... therefore, copyright should not exist over others.
He doesn’t make the distinction clear over whether copyright shoul...
Another judge said that he would nt enforce copyright in that situation, otherwise it could be used as a defence.
Entrepreneurial copyright –
Typographical arrangement of published editions (Photocopy of a page.)
Licensing Agency Ltd v Marks & Spencer plc [2003]
M&S had been copying articles about itself to distribute internally.
They had to pay license fees, additionally licensing, in order to do so.
They would need a license if they were reproducing a whole page of A4.
However, if they kept it and not passed it on, they would not be infringing anything??
CHECK THIS.
X Ltd v Nowacki (t/a Lynton Porcelain Co.)
Can you have copyright over this?
Even the arrangement of words on a plate can be protected under Typographical arrangement.