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Intellectual Property Law — Australia — Copyright 2 Essay Example

  • Category:
    Law
  • Document type:
    Math Problem
  • Level:
    Undergraduate
  • Page:
    2
  • Words:
    819

Copyright laws

1. Why did
the High Court in Burge v Swarbrick hold
that
the
plug of the
yacht
was not a work of artistic craftsmanship

?The
work of Swarbrick in designing
the
plug
does not constitute
work of artistic craftsmanship. Evidence
given by an independent
yacht
designer
and
naval
architect
found
that
the
yacht in question
affirmed to the
class
known as “sports
boat,» designed to sail as fast as it can only restricted by the length. Speed
was
said to be determining factor over functions
such as appearance
and
aesthetics
which are considered secondary

.The
high
court
was
influenced by the
independent
evidence
and by earlier
authorities that put mote eight on the
importance of functional
constraints on the
design. These
authorities
when
considering
the
works of artistic craftsmanship discussed
in reference to
one
who is an artistic craftsmanship. 1. Should

mass
produced
articles be considered
works of artistic No. Mass

craftsmanship?produced
products
resulting from the
application of relevant
artistic
work cannot be protected under copyright if it is not one of artistic craftsmanship upon which the copyright will be enforceable. Therefore, mass
produced
products cannot be considered as work of artistic 2. What

craftsmanship.distinguishes a dramatic
work from a literary
work? Define
each

.Dramatic
work is a work
intended to be performed
such as play, script
for
radio, television
or
film
and
opera libretti. Also
included in dramatic
works are dances
and
mimes
described as choreographic and
dumb
shows
respectively. Dramatic
works
are protected by Copyright whether published/produced or

not.Literary
work
though not defined in the Copyright Act has been
described by the
courts as
any
work
expressed in print
or
writing
including
tables, compilations, expressed in words, figures, symbols
or
computer
program
or a combination of computer
applications. 3. What is a

musical
work

?A
musical
work
refers to any
kind of music
regardless of their aesthetic
merit that have
been
written down or
recorded in some
manner 4. Who

owns
the copyright in a commissioned
work? What are the
exceptions

?The
commissioner
owns
the copyright in commissioned
work
even
though
the
creator of such
works
such as the
artist
or
photographer is not an employee. An exception is under joint
authorship
where two people can own copyright together
if their contribution
cannot be separated from that of any
other
author.
They may also
own copyright jointly
if
they
have
ente consented to
that
effect.

5. Who owns
the copyright in a work
created by an employee? What
if
the
employee is a journalist

?In a scenario
where
the
work is created by the
employee, the
employer
owns
the copyright. If an employee is a journalist, the copyright is jointly
owned by the
owner of the
news
medium
and
the
journalist depending on the
kind of
reporting. The
creator of the
work
retains copyright for
publication
and photocopying while
the magazine/periodical owner
owns copyright for
all
other
purposes 6. Why are

.subject
matter
other than works
called
manufacturers’ rights
or entrepreneurial rights

?The
subject
matter in works
other than manufacturer’s rights is to make
money from the
inventions. The
motive is usually to sell
the
rights
for
commercial
use
or
developing
the
invention to someone else
or
for themselves. This depends on the
personality
and
what
the
manufacturer
want to do. For
instance, inventors will usually
like to license their invention
and
collect
royalties
or
start
small
ventures to reproduce
the
inventions
and
market
it 7. What is

.the
difference between a record
and a sound
recording

?Sound
recording as defined in section 10(1) of Copyright Act is not limited to any
particular
form of technology; rather, it is defined broadly to include
tapes, digital recordings in computers
or
music
players, vinyl records, cassettes
and CDs. A
record, on the
other
hand, is a general
term
used to describe
any
kind
recorded
material
such as film, sound
and
television
broadcasts 8.

.What are the copyrights that may subsist in a film

?A number of copyright types can exist in the same
product. In
film, there is copyright in the
words (literary
work), music (musical
work), sound
recording, and
moving
pictures 9. Does

.the
current
term of protection
for copyright works
and
other
subject
matter
encourage
the
creation of new
works and other subject matter? Compare and
contrast
the
term of copyright protection with the
terms of protection
for
other IP rights. Why are they
different

?The
terms of protection
for copyright works
do not encourage
creation of new
ideas
or
other
subject
matter. This is because of the
existence of only one form of protection
available to the
owner of intellectual
property. Also, the
overlap that exist in relation to design that are liable
for
obtaining
design
registration
and
for which copyright protection is available

.For copyright protection, the
product must be registered before being
applied
for
industrial
purposes
or must be a work of artistic craftsmanship. For IP protection
registration is required up front before the
product is published to the
world,
otherwise, protection is lost.