Giving copyright over a single word gives them too much power without the benefits copyright is designed to provide Titles Generally protected if sufficiently original and distinctive; however copying of title not generally a substantial reproduction includes the title, but the title is not a separate work (see by itself “work” definition of work in s2) But, taking a title could in some circumstances be a “substantial taking”, no clear law on this See also Neudorf v Nettwerk Productions Contribution of title not substantial What qualifies? Math exams - University of London Press Recall: math exams are literary works they are printed or written matter – This case stands for the of work that has been found subject to “lowest standard” copyright case where court required that it some substantial amount of Vs Exxon “impart intelligible information? Are math exams literary works? Includes works expressed in print or writing, irrespective of the question whether the quality or style is high seems to be used in a sense somewhat similar to the use of the “literary” word in political or electioneering literature printed or written “literature” – matter Accounting Forms - Bulman v One-Write (FCTD 1982) Background Issue was copyrighting forms used for an accounting system HELD: The forms are in a sense communicating, they tell you where to put information and that is an imparting of meaning or information (as per Exxon) So the forms are held to be literary works Plots, Scenes and Characters Plots, scenes, characters that are clearly defined and well-known enough cannot be copied in a substantial form (in a sufficient level of detail) Must be prior to the infringement well-known (see Preston v 20th Century – Ewok example) Copyright cannot be limited literally to the text, or a plagiarist could make slight or immaterial variations If these things are copied in a sufficient level of detail, it will be infringement BUT cannot protect mere ideas or scenes with copyright (stock “a faire” characters, classic scenes, similar setups or plot characteristics)
Giving copyright over a single word gives them too much power without the benefits copyright is designed to provide Titles Generally protected if sufficiently original and distinctive; however copying of title not generally a substantial reproduction “work” includes the title, but the title by itself is not a separate work (see definition of work in s2) But, taking a title could in some circumstances be a “substantial taking”, no clear law on this See also Neudorf v Nettwerk Productions Contribution of title not substantial What qualifies? Math exams - University of London Press Recall: math exams are literary works – they are printed or written matter This case stands for the “lowest standard” of work that has been found subject to copyright Vs Exxon case where court required that it “impart some substantial amount of intelligible information? Are math exams literary works? Includes works expressed in print or writing, irrespective of the question whether the quality or style is high “literary” seems to be used in a sense somewhat similar to the use of the word “literature” in political or electioneering literature – printed or written matter Accounting Forms - Bulman v One-Write (FCTD 1982) Background Issue was copyrighting forms used for an accounting system HELD: The forms are in a sense communicating, they tell you where to put information and that is an imparting of meaning or information (as per Exxon) So the forms are held to be literary works Plots, Scenes and Characters Plots, scenes, characters that are clearly defined and well-known enough cannot be copied in a substantial form (in a sufficient level of detail) Must be well-known prior to the infringement (see Preston v 20th Century – Ewok example) Copyright cannot be limited literally to the text, or a plagiarist could make slight or immaterial variations If these things are copied in a sufficient level of detail, it will be infringement BUT cannot protect mere ideas or scenes “a faire” with copyright (stock characters, classic scenes, similar setups or plot characteristics)