Copyright Subject Matter

Front 1

Which case states that 'although in theory a single piece of creative effort might give rise to 2 or more copyrights, there are compelling arguments that the author must be confined to one or the other of the possible categories.'

Back 1

Electronic Technique v Critchley [1997]

Front 2

In which case was it suggested that at times copyright has been 'stretched to give protection to creative talents and activities, the protection of which was never in contemplation.'

Back 2

CBS v Ames Records [1981]

Front 3

Which case states that a literary work must provide information, instruction or give pleasure/ enjoyment to the reader to qualify for copyright protection?
Also, that copyright is said to protect the expression of an idea, rather than an idea itself?

Back 3

Hollinrake v Truswell [1894]

Front 4

Which case states that names are not literary works?

Back 4

Exxon Corporation v Exxon Insurance [1982]

Front 5

Which case is the exception to the general rule, and suggests that titles may be protectable if they are of sufficient length and provide information to the reader?

Back 5

Shetland Times v Dr Jonathan Wills [1997]

Front 6

Which case shows that railway timetables are protectable as literary works?

Back 6

Blacklock v Pearson [1915]

Front 7

Which case states that a dramatic work must be 'capable of being performed?'

Back 7

Norowzian v Arks (No2) [2000]

Front 8

Which case states that a dramatic work requires a certain degree of 'unity?'

Back 8

Green v Broadcasting Corp of New Zealand [1989]

Front 9

In which case was the 'Oasis' album cover held not to be a dramatic work as it could not be performed?

Back 9

Creation Records v News Group [1997]

Front 10

In which case was it stated that tempo and performance practice indicators could also be protected by musical copyright as well as actual notes?

Back 10

Sawkins v Hyperion Records [2005]

Front 11

Which case states that drumming to the song was rhythm and thus a musical work in itself?

Back 11

Stuart v Barrett [1994]

Front 12

Which case suggests that even silence might be protectable as a musical work?

Back 12

Mike Batt v John Cage (unreported)

Front 13

In which case was Adam Ant's makeup held not to be protected by copyright as an artistic work as it was a non-traditional painting and considered trivial?

Back 13

Merchandising v Harpbond [1983]

Front 14

In which case did molds count as engravings?

Back 14

Hi Tech Autoparts v Towergate Two Ltd [2002]

Front 15

In which case was it held that 'sculpture' should be construed narrowly?

Back 15

Metix v Maughan [1997]

Front 16

What are the two requirements for a work of artistic craftsmanship to be protected?

Back 16

1) a substantial section of the public genuinely admires and values a thing for its appearance and gets pleasure or satisfaction from it;
2) It is a work of craftsmanship

Front 17

Which case sets out the two requirements for a work of artistic craftsmanship to be protected?

Back 17

Hensher v Restwile [1976]

Front 18

Which forms of artistic work are NOT protected irrespective of artistic quality?

Back 18

1)architectural works;
2)works of artistic craftsmanship

Front 19

Which case states that the first question is whether the artist/craftsman intended to create a work of art?

Back 19

Merlet v Mothercare [1986]

Front 20

In which case did the court decline to follow Merlet v Mothercare and adopt a new test which required that for a work to be artistic there had to be 'evidence of creativity.'

Back 20

Varmaat v Boncrest [2001]

Front 21

In which case was a woman's dress NOT a work of artistic craftsmanship because the artistic element (sketch of the dress) did not originate from the person who made the dress?

Back 21

Burke v Spicer's Dress Designs [1936]

Front 22

What is the australian approach to artistic craftsmanship and what is the case?

Back 22

Burge v Swarbrick [2007]- court held that the significance of functional constraints separated 'artistic craftsmanship' from 'mere industrial designs.'
If it required the application of mathematical/ engineering principles rather than something visually pleasing then it was not a work of artistic craftsmanship.

Front 23

Which case indicates that sound recordings are fundamentally different from musical works?

Back 23

Gramaphone Company v Stephen Cowardine [1934]