Law Notes Intellectual Property 1 (Copyright) Notes
Detailed cases and materials summary which were instrumental in securing top of subject in 2012. Structure of notes:
Class 1: introduction to Copyright: History, Basic Principles and Subsistence
Class 2: Subsistence Continued; Literary Works
Class 3: Dramatic, Musical and Artistic Works
Class 4: Subject matter other than works
Class 5: Ownership, Duration and Exploitation
Class 6: Direct Infringement
Class 7: Authorisation of Infringement; Indirect Infringement; Paracopyright
Class 8: E...
The following is a more accessible plain text extract of the PDF sample above, taken from our Intellectual Property 1 (Copyright) Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:
S 10(1) provides:
‘dramatic work’ includes
A choreographic show or other dumb show; and
A scenario or script for a cinematograph film
but does not include a cinematograph film as distinct from the scenario or script for a cinematograph film
Green v Broadcasting Corp of NZ [1989] RPC 700 Lord Bridge of Harwich noted that the dispute essentially involved the broadcast of a show which was similar to an earlier show broadcast for some 22 years in England (‘Opportunity Knocks’). The show was a talent quest of sorts. Two elements of copyright were alleged to be infringed – the scripts and the dramatic format The scripts
Dramatic Format These features were alleged to be the title, catchphrases, the use of a device called a ‘clapometer’ to measure audience reaction to competitors’ performance and the use of sponsors to introduce competitors
Appeal dismissed |
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Nine Films & Television Pty Ltd v Ninox Television [2005] FCA 1404 Facts: Dream Home was a successful NZ reality program – an interest in exploiting it overseas led to grants for exploitation being made in favour of Nine and the broadcast of AU Dream Home. Later, Nine made and produced two series of a TV show called The Block which Ninox alleged reproduced a substantial part of the dramatic work of Dream Home in a material form, without their license, thereby infringing CR. The essential elements of each work were set out on pp 112 and 113. Nine alleged certain key differences between the two works, in particular, differences in:
Tamberlin J: Principles His honour cited Zeccola v Universal
And also cited Tate v Fullbrook
Reproduction of a substantial part
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Buy the full version of these notes or essay plans and more in our Intellectual Property 1 (Copyright) Notes.
Detailed cases and materials summary which were instrumental in securing top of subject in 2012. Structure of notes:
Class 1: introduction to Copyright: History, Basic Principles and Subsistence
Class 2: Subsistence Continued; Literary Works
Class 3: Dramatic, Musical and Artistic Works
Class 4: Subject matter other than works
Class 5: Ownership, Duration and Exploitation
Class 6: Direct Infringement
Class 7: Authorisation of Infringement; Indirect Infringement; Paracopyright
Class 8: E...
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