Copyright Infringement

1. Copyright InfringementCopyright Infringement
OverviewOverview
Claudia RoggeroClaudia Roggero

2. Before infringement actionsBefore infringement actions
 Is it a work ?Is it a work ?
 Is it original (LDMA only) ?Is it original (LDMA only) ?
 Does it meet qualification requirements ?Does it meet qualification requirements ?
 Is it in term ?Is it in term ?
 Do you own copyright ?Do you own copyright ?

3. Joy & AnticipationJoy & Anticipation
 Mehdi Norowzian’s Joy short film:Mehdi Norowzian’s Joy short film:
 http://www.beam.tv/beamreel/rjWwTxvydb (may not behttp://www.beam.tv/beamreel/rjWwTxvydb (may not be
accessible)accessible)
 Or as an eg of his short film / advert work try KateOr as an eg of his short film / advert work try Kate
Moss – One to One (or look for others on Youtube):Moss – One to One (or look for others on Youtube):
 http://www.facebook.com/video/video.php?v=66736300843http://www.facebook.com/video/video.php?v=66736300843 (1:02)(1:02)
 Guinness Anticipation AdvertGuinness Anticipation Advert
 http://www.youtube.com/watch?gl=GB&hl=en-http://www.youtube.com/watch?gl=GB&hl=en-
GB&v=3MuEtGPXLPI (1:00)GB&v=3MuEtGPXLPI (1:00)
 Norowzian v ArksNorowzian v Arks

4. Primary InfringementPrimary Infringement
 Secs. 16-21 CDPA Restricted Acts:Secs. 16-21 CDPA Restricted Acts:
 Copying (Copying (NBNB of the expression)of the expression)
 Issuing Copies to the PublicIssuing Copies to the Public
 Renting or lending copies to the publicRenting or lending copies to the public
 Performing, showing, or playing in publicPerforming, showing, or playing in public
 Communicating a work to the publicCommunicating a work to the public
 Making an adaptationMaking an adaptation

5. Copying of a “substantial part”Copying of a “substantial part”
 Copying of whole infringesCopying of whole infringes
 Copying part infringes if a ‘substantial’Copying part infringes if a ‘substantial’
taking - S16(3) CDPA 1988taking - S16(3) CDPA 1988
 Quality & quantity -Quality & quantity - Ladbroke FootballLadbroke Football
Ltd v William HillLtd v William Hill HLHL
 Designers Guild v Russell WilliamsDesigners Guild v Russell Williams
TextilesTextiles –– “the more abstract and simple“the more abstract and simple
the copied idea, the less likely it is tothe copied idea, the less likely it is to
constitute a substantial part” - Hoffmanconstitute a substantial part” - Hoffman

6. Non-literal copying 1Non-literal copying 1
 ResemblanceResemblance
 Causal LinkCausal Link (ie not coincidence / independent)(ie not coincidence / independent)
 May be subconscious copyingMay be subconscious copying
 RavenscroftRavenscroft vv HerbertHerbert [1980] RPC 193,[1980] RPC 193,
 H. wrote work of fiction but used Claimant’sH. wrote work of fiction but used Claimant’s
non-fictional work as a source to providenon-fictional work as a source to provide
credibility. H’s claim to have used onlycredibility. H’s claim to have used only
historical fact, was rejected, as substantialhistorical fact, was rejected, as substantial
copying, especially as regards language,copying, especially as regards language,
copying incidents and interpretation of events.copying incidents and interpretation of events.

7. Non-literal copying 2Non-literal copying 2
 Baigent & LeighBaigent & Leigh vv Random HouseRandom House (7 April 2006(7 April 2006
& CA 1 April 2007) – The Da Vinci Code alleged& CA 1 April 2007) – The Da Vinci Code alleged
to copy central theme of Holy Blood Holy Grailto copy central theme of Holy Blood Holy Grail
– no infringement– no infringement
 Taking a collection, selection, arrangement orTaking a collection, selection, arrangement or
structure which is original can infringe, even ifstructure which is original can infringe, even if
the subject-matter does not attract copyright.the subject-matter does not attract copyright.
However, taking information, facts, ideas,However, taking information, facts, ideas,
theories, arguments, themes derived from thetheories, arguments, themes derived from the
original copyright work will not infringe.original copyright work will not infringe.

8. Secondary Infringement, Secs 22-Secondary Infringement, Secs 22-
26 CDPA 198826 CDPA 1988
 Commercial Dealing in CopiesCommercial Dealing in Copies
 Criminal Offence – Sec 107 –Criminal Offence – Sec 107 –
communicating work to public in coursecommunicating work to public in course
of a business or “to such an extent as toof a business or “to such an extent as to
affect prejudicially the owner” – fine +affect prejudicially the owner” – fine +
max 2 years imprisonmentmax 2 years imprisonment