Copyright Law in UK Law

Leading Cases
  • Hyde Park Residence Ltd v Yelland
    • Court of Appeal (Civil Division)
    • 10 Feb 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.

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

    Generally speaking, in cases of artistic copyright, the more abstract and simple the copied idea, the less likely it is to constitute a substantial part. Originality, in the sense of the contribution of the author's skill and labour, tends to lie in the detail with which the basic idea is presented.

    The purpose of the examination is not to see whether the overall appearance of the two designs is similar, but to judge whether the particular similarities relied on are sufficiently close, numerous or extensive to be more likely to be the result of copying than of coincidence. It is at this stage that similarities may be disregarded because they are commonplace, unoriginal, or consist of general ideas.

  • Nova Productions Ltd v Mazooma Games Ltd
    • Court of Appeal (Civil Division)
    • 14 Mar 2007

    Similarly and more generally, a written work consisting of a specification of the functions of an intended computer program will attract protection as a literary work. The fact that a work can get copyright even if mundane, is old and familiar to an English lawyer. But the Directive needed to say that protection as a literary work should be provided for preparatory design work because not all Member States under their existing laws necessarily provided that.

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

    And if he does copy, the question whether he has copied a substantial part depends much more on the quality than on the quantity of what he has taken. But, in my view, that is only a short cut, and the more correct approach is first to determine whether the plaintiff's work as a whole is "original" and protected by copyright, and then to enquire whether the part taken by the defendant is substantial.

  • Chaplin v Leslie Frewin (Publishers) Ltd
    • Court of Appeal
    • 25 Oct 1965

    It appears to me that Clause 1 of the document should, on the proper constructionof the document, be regarded as, and given the effect of, an assignment of copyright - an assignment at the time when it was made of future copyright - which by the effect of Section 37(1) of the statute became an assignment of copyright and a vesting of copyright when the work came into existence.

  • C.B.S. Songs Ltd v Amstrad Consumer Electronics Plc
    • House of Lords
    • 12 May 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.

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Legislation
  • Intellectual Property Act 2014
    • England & Wales
    • January 01, 2014
    ...... S-1 . Meaning of "design" and "original" 1 Meaning of "design" and "original" . (1) In section 213(2) of the Copyright, Designs and Patents Act 1988 (unregistered design right: meaning of "design"), in subsection (2), omit "any aspect of". . (2) In section 51 of ......
  • Copyright, Designs and Patents Act 1988
    • UK Non-devolved
    • January 01, 1988
  • Patents, Designs, and Trade Marks Act 1883
    • UK Non-devolved
    • January 01, 1883
    ......or in any other case in which he deems it expedient, grant a. copy or copies of the certificate. Copyright in registered Designs. . Copyright in registered Designs. . S-50 . Copyright on registration. 50 Copyright on registration. . (1) 50. (1.) When ......
  • Ghana Independence Act 1957
    • UK Non-devolved
    • January 01, 1957
    ......Copyright . Copyright. . SCH-2.12 . 12.   . (1) If on or after the appointed day the Parliament of Ghana. repeals or amends the Copyright Act, 1911, in ......
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Books & Journal Articles
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Law Firm Commentaries
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