Principles of Copyright Law – Cases and Materials

(singke) #1

  1. ORIGINALITY



  • Originality must be judged by looking at the work as a whole,
    not merely at its component parts

  • There may be originality in creating a derivative work from
    another work

  • A translation may be original

  • An adaptation may be original

  • A compilation involving original selection or arrangement may
    have copyright



  1. WORKS THAT VIOLATE PUBLIC ORDER

  2. PROTECTED WORKS



  • General Scope

  • The function, quality, subject-matter and popularity of
    a work are irrelevant to its copyrightability

  • Simplicity is irrelevant to copyrightability

  • Literary work

  • Short phrases

  • Speech and interviews

  • Blank forms

  • Dramatic work

  • Musical work

  • Artistic work

  • Sculpture

  • Title of a Work

  • Derivative works

  • An unauthorized derivative work may be protected by copyright

  • Unclassified works may be protected

  • May copyright overlap with patents, trademarks or other
    intellectual property rights?


10


TABLE OF CONTENTS CHAPTER I.


30


33


34


37


39


41


44


52


52


56


61


63


64


64


66


67


69

Free download pdf