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What does originality mean in the context of copyright protection?
What does the 'sweat of the brow' doctrine imply?
Which case exemplifies the application of the 'sweat of the brow' doctrine?
What is the significance of case law in defining originality for copyright?
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Which of the following elements is NOT required for copyright protection?
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The case Baker v Selden demonstrated that courts consider which factor?
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What threshold must be met for a work to be eligible for copyright protection?
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Which legal provision is associated with the protection of original works?
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What was the key issue regarding the defendant's actions in the first case?
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What conclusion did the Court reach regarding the alleged infringement in the first case?
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In the Nichols v. Universal case, what aspect of the stories was identified as common between the two works?
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What did the court decide regarding the theme of marriage in the Nichols v. Universal case?
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What was the nature of the works involved in the first case concerning copyright?
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What was determined about the originality of the plaintiff's play in Nichols v. Universal?
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What was the relationship between the characters in both stories that led to the legal case?
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Why did the court reverse the judgment in the initial case concerning copyright?
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What is the main issue regarding the telephone directory in the case of Feist Publications v. Rural Telephone?
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According to the rulings, what must a work possess to qualify for copyright protection?
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In the context of copyright law, what is the status of facts?
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What limitation exists regarding copyright on factual compilations?
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What was CCH Canadian Ltd. seeking in their case against the Law Society of Upper Canada?
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What does originality in the context of copyright protection imply?
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What was determined about the directory format in copyright rulings?
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Which of the following statements is true regarding the copyright for compilations of facts?
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What was the primary legal issue in the case of EASTERN BOOK COMPANY V.DB MODAK?
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What were the names of the software developed by Spectrum Business Support Ltd and Regent Datatech Pvt Ltd?
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What did the Supreme Court order regarding the CD-ROMs published by the respondents?
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What was the conclusion reached by the Division Bench regarding corrections made to judgments?
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What did the appellants need to demonstrate regarding their copy-edited versions for copyright protection?
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Which aspect of the work was emphasized by the court regarding the author's effort?
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What was a common misconception addressed in the judgments regarding derivative works?
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What role did footnotes and Headnotes play in the copyrighted work?
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Which organization is responsible for the administration of the Rome Convention?
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What is the minimum duration of protection for copyright as stated?
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Which of the following countries follows a closed list approach to copyright?
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Which type of works is NOT copyrightable as per the case 'Krishika Lulla & Ors. v. Shyam Vithalrao Devkatta'?
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What does the term 'open list' refer to in the context of copyright?
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In the case involving University of London Press, who were the appointed individuals tasked with creating examination papers?
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Which of the following is an example of a subject matter covered under copyright?
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What aspect of copyright does not cover tangible products associated with works?
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Study Notes
Copyright Protection
- Copyright protects cultural goods, not the tangible products associated with those goods.
- Copyright law allows for limitations and exceptions to rights in national laws.
- Copyright protection must last at least 20 years from the end of the year the work was created.
Subject Matter of Copyright
- Two forms of recording subject matter: open list and closed list.
- US uses the open list approach.
- UK uses the closed list approach.
- India uses the closed list approach.
Subsistence in Works
- Literary, artistic, dramatic, and musical works are protected under copyright law.
- Cinematograph films and sound recordings are also protected under copyright.
Literary Works
- Titles are not copyrightable in themselves.
- Databases are copyrightable, as shown in Infopaq v Danske Dagblades and Football Assn.v QC Leisure.
- Judgments, sermons, question papers, dictionaries, and computer programs can be subject to copyright on a case-by-case basis.
- The author or owner is the person who causes the work to be created.
University of London Press v University Tutorial Press (1916)
- The University of London commissioned two professors to create examination papers in elementary mathematics.
- The University intended to publish the papers.
- The University did not hire the professors full-time; they provided their services to the University.
- The court ruled that the defendant did not violate copyright by using account books with columns and headings similar to those explained in the copyrighted work.
- The court distinguished between an author's original writing and the art or practical knowledge explained by the writing.
- The Court also drew analogies from other areas of science and practical arts, concluding that the matter in question was not a lawful subject of copyright.
Nichols v Universal (1930)
- The plaintiff wrote a play, "Abie's Irish Rose," which was about a marriage between a Jewish man and an Irish woman.
- The defendant produced a motion picture play, "The Cohens and The Kellys," which the plaintiff alleged was based on her play.
- The court ruled that the two stories were different in terms of incident and character, and thus there was no infringement.
- The court recognized that a common theme, such as a quarrel between families, a marriage, a birth, and a reconciliation, is not copyrightable.
Originality
- To be eligible for copyright, works must be original.
- Originality does not mean "first"; it means "independently created".
- Copyright is not concerned with the originality of ideas, but with the expression of thoughts.
- The originality standard is guided by case law.
Sweat of the Brow Doctrine
- The sweat of the brow doctrine conferred copyright on works simply because time, energy, skill, and labor were expended.
- This doctrine was used in Walter v Lane (1900), University of London Press v University Tutorial Press (1916), and Ladbroke v William Hill (1964).
- It was also used in the USA in Jeweler’s Circular Publishing v Keystone Publishing (1922).
- The underlying notion was that copyright was a reward for the hard work that went into compiling facts.
Feist Publications v Rural Telephone (1991)
- Rural Telephone provided telephone directories free of charge and generated revenue through advertising.
- Feist Publications refused to license the phone numbers in the area, so Feist used them without Rural Telephone's consent.
- Rural sued for copyright infringement.
- The court ruled that names, addresses, and phone numbers in a telephone directory are not able to be copyrighted.
- To qualify for copyright protection, a work must be original, meaning it was independently created and possesses some minimal degree of creativity.
- Facts are not original and are part of the public domain.
- Factual compilations may be original if the author chooses what facts to include, in what order to place them, and how to arrange the collected data.
- Copyright on a factual compilation is limited to formatting and does not extend to the facts themselves.
CCH Canadian Ltd.v Law Society of Upper Canada (2004)
- The CCH sued the Law Society of Upper Canada for copyright infringement after the society used CCH's copy-edited versions of judgments in its photocopy service.
- The court ruled that the formatting, numbering, cross-referencing, and other inputs that make the judgments user-friendly could be copyrighted.
Eastern Book Company v. DB Modak (2008)
- The Eastern Book Company sued DB Modak for copyright infringement after Modak used its copy-edited versions of Supreme Court judgments in its CD-ROMs.
- The court held that derivative works must be more than just a copy of the original work and must involve individual skill, labor, capital, and a minimal level of creativity.
- The court found that the work done by the author in segregating the facts into separate paragraphs, adding paragraph numbering, and indicating concurring and dissenting opinions is enough to constitute originality.
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Description
This quiz covers the fundamentals of copyright protection, including the subject matter it encompasses and its durations in various jurisdictions. It explores the nuances of literary works and the distinction between open and closed list approaches in copyright law. Test your knowledge on copyright principles and landmark cases.