New PDF release: Copyright Law: A Handbook of Contemporary Research (Research

By Paul Torremans

ISBN-10: 1845424875

ISBN-13: 9781845424879

Copyright legislation is present process speedy adjustments to deal with the hot overseas electronic atmosphere. This worthy study guide offers an intensive and modern tableau of present considering in copyright legislation. It lines the alterations gone through and the demanding situations confronted via copyright, in addition to its roots and its range, combining to provide a colorful photo of a dynamic learn region. The editor brings jointly an elite staff of overseas copyright students who provide incisive and unique research of a variety of matters and facets of copyright legislations, and every now and then a multiplicity of views on a unmarried subject. Rigorous and sometimes thought-provoking in nature, this learn instruction manual essentially maps the present panorama, and also will absolutely stimulate additional learn within the box. reading the innovative of present copyright study, "Copyright Law" could be of significant curiosity to researchers, scholars, practitioners and policymakers.

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Extra resources for Copyright Law: A Handbook of Contemporary Research (Research Handbooks in Intellectual Property)

Sample text

Both cases deal with the law applicable to copyright infringement, but they also address the scope of copyright and copyrightability. The Corel case is particularly informative in this respect. 35 For our current purposes we turn first to the issue of copyrightability and the scope of copyright. The second circuit held in Itar-Tass that the national treatment rule in the Berne Convention does not provide a full answer to all choice of law questions that arise in a copyright context and specifically not to the question whether a work attracts copyright protection or not or to the question of the scope of such copyright protection.

18 This reliance on Walter v Lane cannot be accepted though without considering the dictum in the Interlego case that seems at odds with it. e. a copy which incorporates some minor alterations of a work which is no longer protected under copyright will not attract copyright. But the question must be asked whether the impact of the following words does not go further: Take the simplest case of artistic copyright, a painting or photograph. It takes great skill, judgment and labour to produce a good copy by painting or to produce an enlarged photograph from a positive print, but no one would reasonably contend that the copy painting or enlargement was an ‘original’ artistic work in which the copier is entitled to claim copyright.

17 In Walter v Lane the House of Lords held that copyright subsisted in shorthand writers’ reports of public speeches as ‘original literary’ works. The speeches had been made by the Earl of Rosebery in public with the reporters present. The reporters had made notes in shorthand, they had later transcribed them, corrected, revised and punctuated them and then published them in newspapers as verbatim reports of the speeches. From the copyright point of view adopted by the House of Lords a speech and a report of a speech are two different things.

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Copyright Law: A Handbook of Contemporary Research (Research Handbooks in Intellectual Property) by Paul Torremans

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