Copyright in UK Law

Leading Cases
  • C.B.S. Songs Ltd v Amstrad Consumer Electronics Plc
    • House of Lords
    • 12 Mayo 1988

    My Lords, I accept that a defendant who procures a breach of copyright is liable jointly and severally with the infringer for the damages suffered by the plaintiff as a result of the infringement. The defendant is a joint infringer; he intends and procures and shares a common design that infringement shall take place. A defendant may procure an infringement by inducement, incitement or persuasion.

  • Hyde Park Residence Ltd v Yelland
    • Court of Appeal (Civil Division)
    • 10 Febrero 2000

    I have pointed out earlier in this judgment that the basis of the defence of public interest in a breach of confidence action cannot be the same as the basis of such defence to an action for infringement of copyright. In an action for breach of confidence the foundation of the action can fall away if that is required in the public interest, but that can never happen in a copyright action.

  • Ladbroke (Football) Ltd v William Hill (Football) Ltd
    • House of Lords
    • 21 Enero 1964

    The reproduction of a part which by itself has no originality will not normally be a substantial part of the copyright and therefore will not be protected. For that which would not attract copyright except by reason of its collocation will, when robbed of that collocation, not be a substantial part of the copyright and therefore the courts will not hold its reproduction to be an infringement.

  • L.B. (Plastics) Ltd v Swish Products Ltd
    • House of Lords
    • 01 Febrero 1979

    There can be no copyright in a mere idea, so if all that the respondents had done was to take from the appellants the idea of external latching, or the "unhanding" of components, or any other idea implicit in their work, the appellants could not complain. That copying has taken place, is for the plaintiff to establish and prove as a matter of fact.

  • Designer Guild Ltd v Russell Williams (Textiles) Ltd (trading as Washington DC)
    • House of Lords
    • 23 Noviembre 2000

    Or to take another example, the original elements in the plot of a play or novel may be a substantial part, so that copyright may be infringed by a work which does not reproduce a single sentence of the original. If one asks what is being protected in such a case, it is difficult to give any answer except that it is an idea expressed in the copyright work.

    It is on this ground that, for example, a literary work which describes a system or invention does not entitle the author to claim protection for his system or invention as such. The other proposition is that certain ideas expressed by a copyright work may not be protected because, although they are ideas of a literary, dramatic or artistic nature, they are not original, or so commonplace as not to form a substantial part of the work.

    The first step in an action for infringement of artistic copyright is to identify those features of the defendant's design which the plaintiff alleges have been copied from the copyright work. The court undertakes a visual comparison of the two designs, noting the similarities and the differences. It is at this stage that similarities may be disregarded because they are commonplace, unoriginal, or consist of general ideas.

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Books & Journal Articles
  • Copyright cultures
    • Nbr. 25-3, September 2007
    • Library Hi Tech
    • 430-435
    Purpose: This column aims to look at the different economic and intellectual approaches to copyright as separate cultures whose assumptions and approaches make it difficult for them to share a sing...
  • Copyright in the networked world: copyright police
    • Nbr. 24-1, January 2006
    • Library Hi Tech
    • 153-159
    Purpose: The purpose of this column is to look at how copyright enforcement is handled. Design/methodology/approach: Legal issues in enforcement are examined, as well as the initiatives of organiz...
  • Copyright in the networked world: gray copyright
    • Nbr. 26-2, June 2008
    • Library Hi Tech
    • 325-332
    Purpose: This paper uses an inductive approach to define “gray copyright.” It is needed to describe those situations in which the practical degree of copyright protection can best be measured in sh...
    • Vol. 26 Nbr. 3, October 2021
    • Art Antiquity & Law
    • Herman, Alexander
    ...ART AND COPYRIGHT, BY SIMON STOKES, THIRD EDITION ISBN 9781509934256, 304 pp. published by Hart Publishing This review first appeared online on 24 August 2021 on the IPKat Blog (ipkitten. The author would like to thank Hayleigh Boshe......
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  • Chapter CG68250
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    .... . . . Copyright is a property right which protects the economic interests of authors in relation to works created by them. The owner of copyright has the exclusive ......
  • Chapter INTM342540
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    .... . . Copyright royalties continued. The question of whether a copyright exists in any particular circumstances can be an extremely technical one and is not a matter ......
  • Chapter INTM342530
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    .... . . Copyright royalties continued. Royalties excluded from ICTA88/S536 include. royalties for copies of works exported from the UK for distribution outside the ......
  • Chapter BIM45965
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ......A deduction is admissible on ordinary principles. Copyright royalties. For Income Tax, copyright royalties paid for the purposes of a trade are admissible as a deduction. For Corporation Tax purposes, ......
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