Categories Of Copyright Work II PDF

TOPIC 6 CATEGORIES OF COPYRIGHT WORK II SAM 2020 1  DERIVATIVE WORKS S.8(1): The following derivative works are protected as original works: (a) translations, adaptations, arrangements and other transformations of work eligible for copyright; a...

TOPIC 6 CATEGORIES OF COPYRIGHT WORK II SAM 2020 1  DERIVATIVE WORKS S.8(1): The following derivative works are protected as original works: (a) translations, adaptations, arrangements and other transformations of work eligible for copyright; and (b) collections of works or collections of mere data, whether in machine readable or other form, eligible for copyright which by reason of the selection and arrangement of their contents, constitute intellectual creation. S.8(2): Protection of works referred to in subsection (1) shall be without prejudice to any protection of the existing works used. SAM 2020 2  DERIVATIVE WORKS Translation work In Bryne v Statist Co 1 KB 622, translation work from original speech that has been reported from foreign language to another language is copyrighted. In Longman Malaysia Sdn Bhd v Pustaka Delta Pelajaran Malaysia 2 MLJ 359, Gunn Chitt Tuan J, translation work is a literary work and can be protected in Malaysia. SAM 2020 3  DERIVATIVE WORKS Adaptation S. 3 CA: adaptation includes any of the following, that is to say— (a) in relation to a literary work, a version of the work (whether in its original language or a different language) in which it is converted into a dramatic work; (b) in relation to a dramatic work, a version of the work (whether in its original language or a different language) in which it is converted into a literary work; (c) in relation to a literary or dramatic work— (i) a translation of the work; (ii) a version of the work in which the story or action is conveyed wholly or mainly by means of pictures in a form suitable for reproduction in a book or in a newspaper, magazine or similar periodical; (d) in relation to a literary work in the form of a computer program, a version of the work, whether or not in the language, code or notation in which the work was originally expressed not being a reproduction of the work; (f) in relation to a literary or artistic work, a version of the work (whether in its original language or a different language) in which it is converted into a film; SAM 2020 4  DERIVATIVE WORKS Collection of Works a) Collection of short stories has a copyright. Penerbit Fajar Bakti Sdn. Bhd v Cahaya Surya Buku dan Alatulis 1 MLJ 386. b) collections of works or collections of mere data, whether in machine readable or other form. Database?? In Europe, EU Directive 96/9/EC (the "Database Directive") was implemented by the Copyright and Rights in Databases Regulations 1997 (SI 1997/3032) (the “Database Regulations”), which came into effect on 1 January 1998. The Database Regulations amended the provisions of the CDPA on database copyright (literary work) and created a new “sui generis” database right. In Football Dataco Ltd and others v Britten Pools Ltd, Yahoo! UK Ltd and others EWHC 841 (Ch) - The lists qualified for database copyright protection because skill and judgement has been used in deciding which and when matches were to be played. SAM 2020 5  Subject Matter Other Than Original Works a) Sound Recording - S.3 CA: ―sound recording means any fixation of a sequence of sounds or of a representation of sounds capable of being perceived aurally and of being reproduced by any means, but does not include a soundtrack associated with a film; SAM 2020 6 Subject Matter Other Than Original Works - The definition of sound recording does not include a sound track associated with a film. - In Phonographic Performance Company of Australia Ltd v Federation of Australian Commercial Television Stations (1998) 40 IPR 225, the minority judgment: the incorporation of a sound track into a film would not result in its ceasing to be a sound recording, nor do the prior rights of the sound recording dissipate or merge in the rights of the copyright owner of the film. SAM 2020 7 Subject Matter Other Than Original Works b) Films Section 3 CA : film means any fixation of a sequence of visual images on material of any description, whether translucent or not, so as to be capable by use of that material with or without any assistance of any contrivance— (a) of being shown as a moving picture; or (b) of being recorded on other material, whether translucent or not by the use of which it can be so shown, and includes the sounds embodied in any soundtrack associated with a film. - In Polygram Records Ltd & 11 Ors v Asia Amusements (M) Sdn Bhd, “so long as sound and images are recorded together, on any media, whether the common film, videotape or disk, it is caught by this definition of film.” - A music/karaoke videogram was a film within the meaning of S. 3 CA. SAM 2020 8 Subject Matter Other Than Original Works c) Broadcast S. 3 CA: broadcastǁ means a transmission, by wire or wireless means, of visual images, sounds or other information which— (a) is capable of being lawfully received by members of the public; or (b) is transmitted for presentation to members of the public, and includes the transmission of encrypted signals where the means for decrypting are provided to the public by the broadcasting service or with its consent. It deals with a subject matter that is transient and incorporeal. Unlike other categories of copyright works, broadcast in particularly by transmission, there is no requirement of reduction to a material form or fixation. In Malaysia, s. 16(2) CA: where a broadcasting service broadcasts a film in which a literary, musical or artistic work is incorporated, the owner of the right to broadcast the literary, musical or artistic work shall be entitled to receive fair compensation from the broadcasting service. Streaming (via internet): In American Broadcasting Cos., Inc., et.al v. Aereo, Inc., FKA Bamboom Labs, Inc No. 13-461 (June 2014), The Court ruled that the service provided by Aereo, allowing subscribers to view live and time-shifted streams of over-the-air television on Internet connected devices, violated copyright laws. SAM 2020 9  Published Editions of Works S. 9 CA: (1) Copyright shall subsist, subject to the provisions of this Act, in every published edition of any one or more literary, artistic or musical work in the case of which either— (a) the first publication of the edition took place in Malaysia; or (b) the publisher of the edition was a qualified person at the date of the first publication thereof: Provided that this subsection does not apply to an edition which reproduces the typographical arrangement of a previous edition of the same work or works. (2) Subject to the provisions of this Act, the publisher of an edition shall be entitled to any copyright subsisting in the edition by virtue of this section. (3) Subject to the provisions of this Act, the act restricted by the copyright subsisting by virtue of this section in an edition is the making of a reproduction of the typographical arrangement of the edition. SAM 2020 10  Published Editions of Works (4) Reproduction of the typographical arrangement of a published edition for any purpose including research, private study, criticism, review or the reporting of news or current events does not infringe the copyright subsisting by virtue of this section if such reproduction is compatible with fair dealing: Provided that if such reproduction is made public it is accompanied by an acknowledgement of the title of the work and its authorship, except where the work is incidentally included in a broadcast. (5) The Government, the National Archives, or any State Archives, the National Library, or any State library, or any public libraries and educational, scientific or professional institutions as the Minister may by order prescribe, may reproduce the typographical arrangement of a published edition without infringing the copyright subsisting by virtue of this section if such reproduction is in the public interest and is compatible with fair dealing and the provisions of any regulations. SAM 2020 11  Published Editions of Works In Newspaper Licensing Agency Ltd v Marks & Spencer Plc RPC 536, Lightman J: In the case of a newspaper or magazine that was made up of a number of different articles or stories, each separate article or story constituted a literary work and the typographical arrangement of each separate articles was accordingly copyright work. SAM 2020 12  Immoral, Irreligious, Seditious and Obscene Works There is nothing in the CA restricts conferment of copyright on works which may be considered to be against public policy, immoral (Glyn v Weston Feature Film 1 Ch 261), irreligious (Lawrence v Smith (1822) 37 ER 928), seditious (Southey v Sherwood (1817) 35 ER 1006) or obscene works. In Venus Adult Shop Pty Ltd v Fraserside Holdings Ltd FCAFC 188, there was no statutory basis under Australian copyright law to deny copyright to works with content that offended against community values although it may affect the type of remedy available. SAM 2020 13