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Subject Matter (1.2) - Coggle Diagram

- - - - S.178 CDPA 1988:
        
        "'writing' includes any form of notation or code, whether by hand or otherwise and regardless of the method by which, or medium in or on which, it is recorded, and 'written shall be construed accordingly"
    - - Navitaire Inc v Easyjet Airline Company [2004]:
        
        To concentrate on the word "literary" may mislead, but it must not be ignored. In the end, the question is merely whether a written artefact is to be accorded the status of a copyright work having regard to the kind of skill and labour expended, the nature of a copyright protectionn and its underlying policy. It is not sufficient to say that the purpose of the act is to protect original skill and labour; there was plenty of that in Exxon. Nor is it of much weight that other forms of protection may be available. I think however, that it is clear that single words in isolation are not to be considered as literary works"
    - - Short works:
        
        Exxon Corporation v Exxon Insurance - Single Word?
        
        Francis Day and Hunter v 20th Century Fox - 'The Man Who Broke the Bank in Monte Carlo'
        
        Headlines:
        
        Infopaq International A/S v Danske Dagblades Forening - 11 words
        
        Newspaper Licensing Agency v Meltwater Holding BV - Infopaq approach affirmed
        
        Databases:
        
        Football Dataco Ltd v Yahoo! UK Ltd
        
        Computer Programs:
        
        SAS Institute Ltd v World Programming Ltd - Per Arnold J "computer programs are different from other kinds of literary works and present peculiar problems for copyright law"
        
        SAS Institute Ltd v World Programming Ltd - The CJEU ruled that a program's source and object code are protectable by copyright and that neither programming languages
        
        SAS Institute Ltd v World Programming Ltd - The CA confirmed that the CJEU had held that neither the Software Directive nor Infosoc protected the functionality of computer programs
  - - - TV Mediums
        
        Green v Broadcasting Corporation of New Zealand:
        
        "sufficient unity" to be capable of being performed and that the elements claimed are not mere unrelated accessories used in the presentation of a dramatic work which 'lack that essential characteristic'
        
        Banner Universal Motion Pictures Ltd v Endemol Shine Group Ltd & Anor:
        
        'copyright protection will not subsist unless as a minimum (i) there are a number of clearly identified features which taken together distinguish the show in question from others of a similar type; and (ii) that those distinguishing features are connected with each other in a coherent framework which can be repeatedly applied so as to enable the show to be reproduced in a recognisable form
      - Films
        
        Norowzian v Arks (No.2):
        
        "A dramatic work is a work of action, with or without words or music, which is capable of being performed before an audience"
  - - - Sawkins v Hyperion Records Ltd:
        
        Per Mummery LJ - The essence of music is combining sounds for listening to. Music is not the same as mere noise. The sound of music is intended to produce effects of some kind on the listener's emotions and intellect. The sounds may produced by an organised performance on instruments played from a musical score, though that is not essential for the existence of the music or of a copyright in it
        
        In principle, there is no reason for regarding the actual notes of music as the only matter covered by musical copyright, any more than, in the case of a dramatic work, only the words to be spoken by the actors are covered by dramatic copyright
  - - - CDPA 1988 S.4(2):
        
        "graphic work" includes:
        
        a) any painting, drawing, diagram, map, chart or plan, and
        
        b) any engraving, etching, lithograph, woodcut or similar work;
        
        "photograph" means a recording or light/other radiation on any medium on which an image is produced or from which an image may be any means be produced and which is not part of a film;
        
        "sculpture" includes a cast or model for a purpose of sculpture
        
        Paintings - Merchandising Corporation of America Inc and others v Harpbond Ltd and others:
        
        a painting is not an idea, it is an object, and paint without a surface is not a painting per Lawton LJ
        
        Graphic Works:
        
        Instructive drawings - Kendrick v Lawrence
        
        Industrial plans - British Leyland v Armstrong
        
        Photographs - CDPA S.4(2)(b):
        
        "photograph" means a recording of light or other radiation on any medium on which an image is produced or from which an image may by any means be produced, and which is not part of a film
        
        Sculpture:
        
        Breville Europe PLC and others v Thorn EMI Domestic Appliance Limited - "the art of forming representations of objects etc, or abstract designs in the round or in relief by chiselling stone, carving wood, modelling clay, casting metal, or similar processes, a work of sculpture"
        
        Metix v Maughan:
        
        Must be 3-dimensional work made by an artist's hand
        
        An artist is one who considers themselves or is considered by others to be an artist
        
        Such a work must exhibit a consideration of appeal to other than functional criteria
        
        Lucasfilm v Ainsworth:
        
        "One is created by the hand of the artist, for artistic purposes and the other is created by a builder, for building purposes... in the realms of definition in the artistic field one has to start somewhere
        
        Architecture:
        
        CDPA S.4(1)(b) 'a work of architecture being a building or a model for building'
        
        CDPA S.4(2) '..."building" includes any fixed structure, and a part of a building or fixed structure'