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Intellectual property Law: Advise Professor Jones on the scenarioes - Essay Example

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The main legislative framework in the UK governing copyright law is the Copyright, Designs and Patents Act 1988 (CDPA). It is important to mention at the outset that “ideas” are not…
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Download file to see previous pages Moreover, once original work is created, copyright exists without any requirement for registration4. Copyright is also simultaneously created worldwide irrespective of the where the act of creation took place5.
However, the content will not be protected per se as copyright law requires that the works must be original6. With regard to copyright law, the definition of originality does not have it ordinary dictionary definition and the “courts have interpreted the concept very loosely”7. For example, in the case of Ladbroke (Football) Ltd v William Hill (Football) Limited8 it was asserted that term “original” in context of copyright law “only required that the work should not be copied but originate from the author”9.
Furthermore, the courts have looked to whether a substantial amount of work or effort was expended in creating the work in determining originality. This was propounded in the case of Macmillan & Co v K & J Cooper10 where it was stipulated that the basic foundation for attracting copyright protection was that a reasonable amount of work involving judgement and selection had been utilised in creating the work.
In the current scenario, Professor Jones’ work is most likely going to be protected as a literary work for the purposes of the CDPA definition. Accordingly, in order for Professor Jones’ lecture notes and the diagrams on the flipchart content to attract copyright protection as a literary work, the “skill, labour or judgment” in creation test will be utilised to determine copyright protection11. Whilst differing approaches have been taken and it is ultimately a question of fact12; the general consensus is that there must be some measure of skill and effort expended in the production of the work before it can attract copyright protection13.
Provided this is satisfied the notes and lecture handout will be copyright protected as a literary work. As such, Section 2(1) of the CDPA ...Download file to see next pagesRead More
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