JUDGE GURFEIN (concurring):The Copyright Act provides no recognition of the so-called droit moral, or moral rights of
authors. ... So far as the Lanham Act is concerned, it is not a substitute for droit moralwhich
authors in Europe enjoy. ... The misdescription of origin can be dealt with ... by devising an
appropriate legend to indicate that the plaintiffs had not approved the editing of the ABC
version. ...B. RIGHTS OF EXPLOITATION
The copyright owner has a number of exclusive rights, the main ones being:- to reproduce the work (including making a sound or visual recording
of it) - to translate the work
- to adapt the work
- to perform it in public
- to communicate it to the public by wire or wireless means.
(See the Berne Convention, Arts. 8, 9, 11-14, incorporated by TRIPs, Art. 9.1.)Nobody can do these acts without the copyright owner’s prior consent.These acts often overlap, so that the same activity can be, for example, both a
reproduction and an adaptation: consider the arrangement of a musical work,
which may both reproduce and adapt the work from which it derives. Similarly,
a broadcast is treated in some countries’ legislation as a public performance,
and in other countries as a telecommunication to the public.- REPRODUCTION RIGHT
- Reproduction includes the making of any kind of copy, even in a
different size
The following definition of “reproduction” comes from a leading U.K. case –
referred to earlier when dealing with “Originality” – where a football betting
coupon was copied, Ladbroke (Football) Ltd v. William Hill (Football) Ltd
[1964] 1 W.L.R. 273 (U.K.: House of Lords):Broadly, reproduction means copying, and does not include cases where an author or
compiler produces a substantially similar result by independent work without
copying.EXAMPLE:The plaintiff hired the defendant to design a website for selling antiques on-line.
The defendant photocopied, scanned, reduced in size, and then used on the
website, without authorization, photographs of antiques from a third party’s
encyclopaedia. The first page of the website contained 25 navigation buttons,
each with a reduced photograph of a different item; clicking the button would(^84) take the user to a page advertising those items. The page also contained a