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 Preston v 20th century – 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 with copyright (stock scenes “a faire” characters, classic scenes, similar setups or plot characteristics) This can be a fine line, courts try to be flexible to protect author but not to extent to the protection of ideas Compilations Jockey Club (race horse list)/Feist (Telephone book) –s.2.1/BC Definition: a work resulting from the selection or arrangement of literary, dramatic, musical or artistic works or of parts thereof, or a work resulting from the selection or arrangement of data Must be sense of functionally assisting, guiding, or pointing the way to some ‘literary but no need to impart intelligible information (Bulman v One-Write) end” 2.1 (1) if compilation consist of more than 1 type of category of work = compilation – A compilation containing two or more of the categories of literary, dramatic, musical or artistic works shall be deemed to be a compilation of the category making up the most substantial part of the compilation.
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 – Preston v 20th century 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) This can be a fine line, courts try to be flexible to protect author but not to extent to the protection of ideas Compilations –s.2.1/BC Jockey Club (race horse list)/Feist (Telephone book) Definition: a work resulting from the selection or arrangement of literary, dramatic, musical or artistic works or of parts thereof, or a work resulting from the selection or arrangement of data Must be ‘literary sense of functionally assisting, guiding, or pointing the way to some end” but no need to impart intelligible information (Bulman v One-Write) 2.1 (1) – if compilation consist of more than 1 type of category of work = compilation A compilation containing two or more of the categories of literary, dramatic, musical or artistic works shall be deemed to be a compilation of the category making up the most substantial part of the compilation.
Practitioner(s)_93_Fall_2014_Eric_Hou.docx