Copyright Law Overview

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Questions and Answers

What does originality mean in the context of copyright protection?

It refers to an idea being the first of its kind.

It suggests the creator has applied inventive thought.

It requires the expression to be highly innovative.

It indicates the work is independently created and not copied. (correct)

What does the 'sweat of the brow' doctrine imply?

Only artistic works are eligible for copyright under this doctrine.

Works must be commercially successful to receive copyright protection.

Time, energy, skill, and labor invested in a work confer copyright. (correct)

Which case exemplifies the application of the 'sweat of the brow' doctrine?

Mattel Inc v Jayant Agarwala

Baker v Selden

Walter v Lane (correct)

University of London Press v University Tutorial Press

What is the significance of case law in defining originality for copyright?

It provides guidelines based on previous legal decisions. Signup and view all the answers

Which of the following elements is NOT required for copyright protection?

The work must show inventive thought. Signup and view all the answers

The case Baker v Selden demonstrated that courts consider which factor?

The commonality of certain expressions. Signup and view all the answers

What threshold must be met for a work to be eligible for copyright protection?

The work must be independently created. Signup and view all the answers

Which legal provision is associated with the protection of original works?

Article 2(1) of the Berne Convention Signup and view all the answers

What was the key issue regarding the defendant's actions in the first case?

Whether the defendant violated copyright by using similar account books Signup and view all the answers

What conclusion did the Court reach regarding the alleged infringement in the first case?

The subject alleged to be infringed was not copyrightable Signup and view all the answers

In the Nichols v. Universal case, what aspect of the stories was identified as common between the two works?

The theme of family reconciliation Signup and view all the answers

What did the court decide regarding the theme of marriage in the Nichols v. Universal case?

It was deemed too common to be protected by copyright Signup and view all the answers

What was the nature of the works involved in the first case concerning copyright?

Practical account books with columns and headings Signup and view all the answers

What was determined about the originality of the plaintiff's play in Nichols v. Universal?

Its elements were not entirely original or protectable Signup and view all the answers

What was the relationship between the characters in both stories that led to the legal case?

They belonged to opposing cultural backgrounds Signup and view all the answers

Why did the court reverse the judgment in the initial case concerning copyright?

The evidence was insufficient to support the claims Signup and view all the answers

What is the main issue regarding the telephone directory in the case of Feist Publications v. Rural Telephone?

Can the facts in the directory be copyrighted? Signup and view all the answers

According to the rulings, what must a work possess to qualify for copyright protection?

Originality and minimal creativity Signup and view all the answers

In the context of copyright law, what is the status of facts?

Facts are part of the public domain and cannot be copyrighted. Signup and view all the answers

What limitation exists regarding copyright on factual compilations?

The copyright is limited to the formatting of the compilation. Signup and view all the answers

What was CCH Canadian Ltd. seeking in their case against the Law Society of Upper Canada?

A declaration of copyright ownership and a permanent injunction. Signup and view all the answers

What does originality in the context of copyright protection imply?

The unique presentation of existing facts. Signup and view all the answers

What was determined about the directory format in copyright rulings?

It is protected if it features original selection or arrangement. Signup and view all the answers

Which of the following statements is true regarding the copyright for compilations of facts?

Copyright may exist if the selection and arrangement are original. Signup and view all the answers

What was the primary legal issue in the case of EASTERN BOOK COMPANY V.DB MODAK?

The standard of originality for derivative works Signup and view all the answers

What were the names of the software developed by Spectrum Business Support Ltd and Regent Datatech Pvt Ltd?

Grand Jurix and the Laws Signup and view all the answers

What did the Supreme Court order regarding the CD-ROMs published by the respondents?

To sell their CD-ROMs with added Headnotes and footnotes Signup and view all the answers

What was the conclusion reached by the Division Bench regarding corrections made to judgments?

Corrections do not amount to originality for copyright Signup and view all the answers

What did the appellants need to demonstrate regarding their copy-edited versions for copyright protection?

A higher level of legal skill and creativity Signup and view all the answers

Which aspect of the work was emphasized by the court regarding the author's effort?

Segregating facts and legal analysis Signup and view all the answers

What was a common misconception addressed in the judgments regarding derivative works?

Minimal changes suffice for copyright Signup and view all the answers

What role did footnotes and Headnotes play in the copyrighted work?

They constituted a substantial modification enhancing originality Signup and view all the answers

Which organization is responsible for the administration of the Rome Convention?

World Intellectual Property Organization (WIPO) Signup and view all the answers

What is the minimum duration of protection for copyright as stated?

20 years Signup and view all the answers

Which of the following countries follows a closed list approach to copyright?

India Signup and view all the answers

Which type of works is NOT copyrightable as per the case 'Krishika Lulla & Ors. v. Shyam Vithalrao Devkatta'?

Titles Signup and view all the answers

What does the term 'open list' refer to in the context of copyright?

An unspecified list of protected works Signup and view all the answers

In the case involving University of London Press, who were the appointed individuals tasked with creating examination papers?

Professors on a part-time basis Signup and view all the answers

Which of the following is an example of a subject matter covered under copyright?

Cinematograph films Signup and view all the answers

What aspect of copyright does not cover tangible products associated with works?

Copyright covers intangible creations Signup and view all the answers

Study Notes

Copyright Protection

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.