The following is a list of cases that deal with issues of concern to
copyright
A copyright is a type of intellectual property that gives its owner the exclusive legal right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, ...
in various jurisdictions. Some of these cases are leading English cases as the law of copyright in various
Commonwealth
A commonwealth is a traditional English term for a political community founded for the common good. The noun "commonwealth", meaning "public welfare, general good or advantage", dates from the 15th century. Originally a phrase (the common-wealth ...
jurisdictions developed out of English law while these countries were colonies of the
British Empire
The British Empire comprised the dominions, Crown colony, colonies, protectorates, League of Nations mandate, mandates, and other Dependent territory, territories ruled or administered by the United Kingdom and its predecessor states. It bega ...
. Other cases provide background in areas of copyright law that may be of interest for the legal reasoning or the conclusions they reach.
Australia
*''
Victoria Park Racing & Recreation Grounds Co Ltd v Taylor'',
idea-expression divide
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Cuisenaire v Reed'', (a literary work cannot be infringed by a three-dimensional reproduction)
*''
Pacific Film Laboratories v Commissioner of Tax'', considered negative rights - the power to prevent the making of a physical thing by copying.
*''
Zeccola v Universal City Studios Inc'', there is no copyright in the idea of a theme or a story, but there may be a time where a combination of events and characters reaches sufficient complexity as to give rise to dramatic work copyright
*''
Computer Edge Pty Ltd v Apple Computer Inc'', (test in Exxon for literary work is "not intended to establish a comprehensive or exhasutive definition of literary work for copyright purposes" per Mason and Wilson JJ)
*''
CBS Records v Gross'', (a cover version of a song can be an original work itself capable of copyright protection)
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Greenfield Products Pty Ltd v Rover-Scott Bonnar Ltd'', (1990) 17 IPR 417 per Pincus J, the drive mechanism of a law mower was not a sculpture
*''
Yumbulul v Reserve Bank of Australia'' (Morning Star Pole
ten-dollar note case), copyright law does not provide adequate protection of Aboriginal community claims to regulate the reproduction and use of works which are essentially communal in origin
*''
Autodesk Inc v Dyason (No.2)'', (1993) 111 ALR 385 (the
idea-expression divide is the "dominant principle in copyright law" per Mason CJ: "when the expression of any idea is inseparable from its function, it forms part of the idea and is not entitled to the protection of copyright" per Dawson J)
*''
Sega Enterprises Ltd v Galaxy Electronics Pty Ltd'',
[.] interactive video games involving computer-generated images are cinematograph films as defined in s 10 of the Copyright Act 1968.
Canada
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Muzak Corp. v. CAPAC'',
953
Year 953 ( CMLIII) was a common year starting on Saturday of the Julian calendar.
Events
By place
Byzantine Empire
* Battle of Marash: Emir Sayf al-Dawla marches north into the Byzantine Empire and ravages the countryside of Malatya ...
2 S.C.R. 45 (authorization as infringement)
*''
Canadian Admiral Corp. v. Rediffusion Inc.
''Canadian Admiral Corporation Ltd. v. Rediffusion Inc.'', 954
Year 954 ( CMLIV) was a common year starting on Sunday of the Julian calendar.
Events
By place Europe
* Spring – A Hungarian army led by Bulcsú crosses the Rhine. He camps at Worms in the capital of his ally Conrad the Red, d ...
Ex. CR 382, 20 CPR 75 is a Canadian copyright law decision by the Exchequer Court (a predecessor of the Federal Court of Canada). The Court held that rebroadcasting of public perfo ...
'',
954
Year 954 ( CMLIV) was a common year starting on Sunday of the Julian calendar.
Events
By place Europe
* Spring – A Hungarian army led by Bulcsú crosses the Rhine. He camps at Worms in the capital of his ally Conrad the Red, d ...
Ex. C.R. 382 (performance in public)
*''
Cuisenaire v. South West Imports Ltd.'',
968
Year 968 ( CMLXVIII) was a leap year starting on Wednesday of the Julian calendar.
Events
By place Byzantine Empire
* Emperor Nikephoros II receives a Bulgarian embassy led by Prince Boris (the son of Tsar Peter I of Bulgaria), wi ...
1 Ex C.R. 493
*''
Snow v. The Eaton Centre Ltd.
''Snow v. Eaton Centre Ltd.'Snow v. Eaton Centre Ltd.'' (1982), 70 CPR (2d) 105. is a leading Canadian decision on moral rights. The Ontario High Court of Justice affirmed the artist's right to integrity of their work. The operator of the Tor ...
'' (1982), 70 C.P.R. (2d) 105 (Ont. H.C.) (
moral rights
Moral rights are rights of creators of copyrighted works generally recognized in civil law jurisdictions and, to a lesser extent, in some common law jurisdictions.
The moral rights include the right of attribution, the right to have a work p ...
)
*''
DRG Inc. v. Datafile Ltd.'' (1987) 18 C.P.R. (3d) 538
*''
Apple Computer Inc. v. Mackintosh Computers Ltd.'',
990
Year 990 ( CMXC) was a common year starting on Wednesday of the Julian calendar.
Events
By place
Europe
* Al-Mansur, Chancellor and effective ruler of Al-Andalus, conquers the Castle of Montemor-o-Velho (modern Portugal), expanding t ...
2 S.C.R. 209 (copyright in computer programs)
*''
Prise de Parole Inc. v. Guerin'',
995
Year 995 (Roman numerals, CMXCV) was a common year starting on Tuesday of the Julian calendar.
Events
By place
Japan
* 17 May - Fujiwara no Michitaka (imperial regent) dies.
* 3 June: Fujiwara no Michikane gains power and becomes Rege ...
F.C.J. No. 1583 (moral rights and damages)
*''
Gould Estate v. Stoddart Publishing Co. Ltd.
''Gould Estate v Stoddart Publishing Co Ltd'' (1998), 39 OR 555 (Ont CA), is a Canadian case on appropriation of personality, the ownership of copyright, and requirements of fixation.
Background
During 1956, Jock Carroll interviewed a young G ...
'' (1996), 74 C.P.R. (3d) 206 (rights of personality and fixation)
*''
Delrina Corp. v. Triolet Systems Inc.'' (2002), 58 OR (3d) 339 (merger doctrine and copyright in software)
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Théberge v. Galerie d'Art du Petit Champlain Inc. Théberge or Theberge may refer to:
People
*Carole Théberge
Carole Théberge (born December 14, 1953) is a marketing professional and former political figure in Quebec. She represented Lévis (provincial electoral district), Lévis in the Queb ...
'',
002 002, 0O2, O02, OO2, or 002 may refer to:
Airports
*0O2, Baker Airport
*O02, Nervino Airport
Astronomy
*1996 OO2, the minor planet 7499 L'Aquila
*1990 OO2, the asteroid 9175 Graun
Fiction
*002, fictional British 00 Agent
*''002 Operazione Luna'' ...
2 S.C.R. 336 (Canadian definition of "reproduction")
*''
CCH Canadian Ltd. v. Law Society of Upper Canada
''CCH Canadian Ltd v Law Society of Upper Canada'', 0041 SCR 339,''CCH Canadian Ltd. v. Law Society of Upper Canada'', 0041 SCR 339 'CCH''/ref> 2004 SCC 13, is a landmark Supreme Court of Canada case that established the threshold of originality a ...
'' 2004, SCC 13 (originality standard, secondary infringement, and fair dealing rights)
*''
Society of Composers, Authors and Music Publishers of Canada v. Canadian Association of Internet Providers'', 2004 SCC 45 (ISPs as common carriers and status of caches)
*''
BMG Canada Inc. v. Doe'', 2005 FCA 193 (privacy rights of filesharers)
*''
Robertson v. Thomson Corp.'', 2006 SCC 43 (ownership and licensing of
collective work
A collective work is a work that contains the works of several authors assembled and published under the direction of one natural or legal person who owns the copyright in the work as a whole.
Definitions vary considerably from one country to ...
s in electronic databases)
*''
Entertainment Software Association v. Society of Composers, Authors and Music Publishers of Canada'', 2012 SCC 34 (holding that downloads engaged only reproduction rights and not communication rights)
* ''
''
2012 SCC 35(clarifying the meaning of "communication to the public" in the context of online streaming music)
*''
Society of Composers, Authors and Music Publishers of Canada v. Bell Canada''
2012 SCC 36(clarifying fair dealing in the context of streamed music)
*''
Alberta (Education) v. Canadian Copyright Licensing Agency (Access Copyright)''
2012 SCC 37(applying the fair dealing to photocopied textbooks in public schools)
*''
Re:Sound v. Motion Picture Theatre Associations of Canada''
2012 SCC 38(clarifying the definition of "sound recording" in the context of soundtracks of cinematographic works)
* (copyright resides in proposals,
treatments and formats, and infringement can occur when subsequent audiovisual works use their elements without ever actually literally copying them)
France
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'' Cour d'appel, Paris, Jan. 13, 1953, D.A. 1954, 16, 80, held in favor of the plaintiffs due to the very strong moral rights regime in France.
India
* ''
Pine Labs Pvt Ltd vs Gemalto Terminals India Pvt Limited'' - in FAO(OS) 635 of 2009 decided by DB Delhi High Court on 3.8.2011 (https://web.archive.org/web/20120201004419/http://lobis.nic.in/dhc/AKS/judgement/01-10-2011/AKS03082011FAOOS6352009.pdf Pine Labs Pvt Ltd vs Gemalto Terminals India Ltd and others): In the absence of the period of assignment or territory of assignment being specified, the assignment is deemed to be for 5 years and territory is deemed to be the territory of India as per section 19(5) and 19(6) of Copyright Act. After the period of 5 years, copyright reverts to assignor.
* ''
THE CHANCELLOR, MASTERS & SCHOLARS OF UNIVERSITY OF OXFORD & ORS Versus RAMESHWARI PHOTOCOPY SERVICES & ORS'' last judgement on December 9, 2016 was by Delhi Highcourt.
Japan
*"
Winny copyright infringement case" (2011) Supreme Court Hei 21(A) 1900
New Zealand
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Green v. Broadcasting Corp of NZ'' (1989) APIC 90-590: Privy Council definition of "dramatic works": " a dramatic work must have sufficient unity to be capable of performance"
United Kingdom
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Bach v. Longman''
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Gyles v Wilcox
''Gyles v Wilcox'' (1740) 26 ER 489 was a decision of the Court of Chancery of EnglandSaunders (1992), 29. that established the doctrine of fair abridgement, which would later evolve into the concept of fair use. The case was heard and the opin ...
'' (1740) 3 Atk. 143; 26 Eng. Rep. 489 (a fair abridgement of a work is not copyright infringement)
*''
Entick v Carrington
''Entick v Carrington'' 765EWHC KB J98is a leading case in English law and UK constitutional law establishing the civil liberties of individuals and limiting the scope of executive (government), executive power. The case has also been influenti ...
'' (1765) 95 ER 807 (authorities have no power which is not explicitly given to them by law; repercussions far beyond exclusive rights)
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Millar v. Taylor'' (1769) 4 Burr 2303; 98 ER 201 (copyright is perpetual)
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Donaldson v. Beckett'' (1774) 4 Burr 2408; 98 ER 257 (copyright is not perpetual)
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Dick v. Yates'' (1881) 18 Ch D 76 (a title is not long enough to constitute a literary work)
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Kenrick v. Lawrence'' (1890) L.R. QBD 99
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Hollingrake v. Truswell''
894
__NOTOC__
Year 894 ( DCCCXCIV) was a common year starting on Tuesday of the Julian calendar.
Events
By place Byzantine Empire
* Byzantine–Bulgarian War: Stylianos Zaoutzes, leading minister and '' basileopator'', convinces Emperor ...
Ch. 420
*''
Walter v. Lane''
900
__NOTOC__
Year 900 ( CM) was a leap year starting on Tuesday of the Julian calendar.
Events
By place
Abbasid Caliphate
* Spring – Forces under the Transoxianian emir Isma'il ibn Ahmad are victorious at Balkh (Northern Afghan ...
AC 539 ("reporter's copyright")
*''
Corelli v. Grey'' (1913) 29 TLR 570 (four reasons for clear objective similarity between works)
*''
University of London Press Ltd. v. University Tutorial Press Ltd.''
916
__NOTOC__
Year 916 ( CMXVI) was a leap year starting on Monday of the Julian calendar.
Events
By place
Europe
* Sicilian Berbers in Agrigento revolt and depose the independent Emir Ahmed ibn Khorob. They offer Sicily to the Fatimid C ...
2 Ch. 601
*''
Re Dickens'' (1934) 1 Ch 267
*''
Hawkes & Son (London) Ltd v. Paramount Film Service Ltd''
9341 Ch 593 (the ''
Colonel Bogey
The "Colonel Bogey March" is a British march that was composed in 1914 by Lieutenant F. J. Ricketts (1881–1945) (pen name Kenneth J. Alford), a British Army bandmaster who later became the director of music for the Royal Marines at Plymouth ...
'' case - infringement of copyright occurs when "a substantial, a vital and an essential part" of a work is copied, per Lord Slesser)
*''
Jennings v. Stephens''
936
Year 936 ( CMXXXVI) was a leap year starting on Friday of the Julian calendar.
Events
By place
Europe
* June 19 – At Laon, Louis IV, the 14-year old son of the late King Charles the Simple, is crowned King of West Francia afte ...
Ch. 469 ("performance in public" as infringement)
*''
Donahue v. Allied Newspapers Ltd'' (1938) Ch 106
idea-expression divide"">
idea-expression divide"*''
Ladbroke (Football) Ltd v. William Hill (Football) Ltd''
964
Year 964 ( CMLXIV) was a leap year starting on Friday of the Julian calendar.
Events
Byzantine Empire
* Arab–Byzantine War: Emperor Nikephoros II continues the reconquest of south-eastern Anatolia (modern Turkey). He recaptures Cyp ...
WLR 273
*''
LB (Plastics) Ltd. v. Swish Products Ltd.
''LB (Plastics) Ltd. v. Swish Products Ltd.'', is a 1979 decision of the House of Lords as to whether a physical object is an infringing copy of a drawing depicting the object. The House of Lords held that it is, at least when an ordinary person c ...
''
979
Year 979 (Roman numerals, CMLXXIX) was a common year starting on Wednesday of the Julian calendar. It was the 979th year of the Common Era and the Anno Domini designation, the 979th year of the 1st millennium, the 79th year of the 10th century, ...
RPC 551 (the basis of copyright protection is that "one man must not be able to appropriate the result of another's labour")
*''
Exxon Corp v. Exxon Insurance Consultants International'' (1981) 3 All ER 241
xxon name has no copyright*''
Express Newspapers v. News (UK) Ltd'' (1990) 18 IPR 201 (confirming ''
Walter v. Lane'')
*''
Lucasfilm Ltd v Ainsworth''
011UKSC 39 (on whether a film prop can be a sculpture)
*''
Temple Island Collections Ltd v New English Teas Ltd''
012 012 may refer to:
* Tyrrell 012, a Formula One racing car
* The dialing code for Pretoria
Pretoria ( ; ) is the Capital of South Africa, administrative capital of South Africa, serving as the seat of the Executive (government), executive br ...
EWPCC 1 (revising the originality standard)
United States
Note: if no court name is given, according to convention, the case is from the
Supreme Court of the United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all Federal tribunals in the United States, U.S. federal court cases, and over Stat ...
. Supreme Court rulings are binding precedent across the United States; Circuit Court rulings are binding within a certain portion of it (the circuit in question); District Court rulings are not binding precedent, but may still be referred to by other courts.
See also
*
List of trademark case law
*
List of patent case law
References
{{Copyright law by country
*
Case law
Case law, also used interchangeably with common law, is a law that is based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of ...
Copyright
A copyright is a type of intellectual property that gives its owner the exclusive legal right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, ...