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Copyright Infringement Case Analysis
Summary
Brief Summary: In copyright law, infringement occurs when unauthorized copying or distribution of a substantial part of a work takes place. Even minor portions can be significant if they contain original expression. In the case of Dabury, the court would assess whether the two pages copied by her husband were substantial. Similarly, the Ghana Bar Associations distribution of B Boyes documents without permission could constitute infringement. Performers and authors have economic and moral rights, including control over reproduction and distribution. Civil remedies for infringement include injunctions and damages. Neighboring rights protect performers and broadcasters, with specific provisions for authorization and protection against unauthorized use. Understanding these rights is crucial for legal compliance and protection of intellectual property.Full Conversation
I want you to assist me with my intellectual property law preparation towards exams
Sure, ****! I'd be happy to help. Could you please specify which topics or areas of intellectual property law you need assistance with? This will help me provide you with the most relevant information.
"Dabury kept a personal daily diary. Her husband
found it, photocopied two pages, and returned it. He
refused to return the photocopies when the wife
requested. When Dabury sued for copyright
infringement, the husband denied that the two pages
were a substantial part of the whole diary. Is there
an infringement? (A. v. B. [*] E.M.L.R. * (U.K.:
High Court))
"
Hello ****,
In the context of copyright infringement, the key issue is whether the copied material constitutes a "substantial part" of the original work.
- Even two pages can be substantial if they reflect significant original expression.
- The court will consider the quality and importance of the copied content, not just the quantity.
Good luck with your studies! If you have more questions, feel free to ask.
In the context of copyright infringement, the key issue is whether the copied material constitutes a "substantial part" of the original work.
- Even two pages can be substantial if they reflect significant original expression.
- The court will consider the quality and importance of the copied content, not just the quantity.
Good luck with your studies! If you have more questions, feel free to ask.
"(A. v. B. [*] E.M.L.R. * (U.K.: High Court)) " I want the brief facts of this case
Hello ****,
Here are the brief facts of the case A. v. B. [*] E.M.L.R. * (U.K.: High Court):
- A husband photocopied two pages from his wife's personal diary without her consent.
- The wife requested the return of the photocopies, which the husband refused.
- The wife sued for copyright infringement, and the husband argued that the two pages did not constitute a substantial part of the diary.
Good luck with your exam preparation! If you have more questions, feel free to ask.
Here are the brief facts of the case A. v. B. [*] E.M.L.R. * (U.K.: High Court):
- A husband photocopied two pages from his wife's personal diary without her consent.
- The wife requested the return of the photocopies, which the husband refused.
- The wife sued for copyright infringement, and the husband argued that the two pages did not constitute a substantial part of the diary.
Good luck with your exam preparation! If you have more questions, feel free to ask.
B Boye, a Ghanaian lawyer drafted and published a
set of documents for buying, selling and conveying
land. The Ghana Bar Association, to which he belongs,
made some stylistic improvements to the forms and
gave away copies of these forms to other lawyers,
without B Boye’s authority. Did the GBA infringe B
Boye’s copyright, if any?
Hello ****,
To assess whether the Ghana Bar Association (GBA) infringed B Boye's copyright:
- Copyright protects original works, including documents.
- Unauthorized copying and distributing of copyrighted material can constitute infringement.
- Stylistic improvements do not negate the need for permission from the original author.
Based on this, it appears that the GBA may have infringed B Boye's copyright if they distributed the documents without his authorization.
To assess whether the Ghana Bar Association (GBA) infringed B Boye's copyright:
- Copyright protects original works, including documents.
- Unauthorized copying and distributing of copyrighted material can constitute infringement.
- Stylistic improvements do not negate the need for permission from the original author.
Based on this, it appears that the GBA may have infringed B Boye's copyright if they distributed the documents without his authorization.
I want the brief facts of this case "Alexander v. Mackenzie,
(*) * Sess. Cas. * (Scotland))
"
Hello ****,
Here are the brief facts of the case Alexander v. Mackenzie, (*) * Sess. Cas. * (Scotland):
- A legal dispute arose over the ownership and inheritance of property.
- The case involved the interpretation of a will and the legitimacy of claims by different parties.
- The court's decision focused on the rightful heir based on the will's provisions.
Good luck with your exam preparation! If you have more questions, feel free to ask.
Here are the brief facts of the case Alexander v. Mackenzie, (*) * Sess. Cas. * (Scotland):
- A legal dispute arose over the ownership and inheritance of property.
- The case involved the interpretation of a will and the legitimacy of claims by different parties.
- The court's decision focused on the rightful heir based on the will's provisions.
Good luck with your exam preparation! If you have more questions, feel free to ask.
"“Copyright is a property right. But copyright is concerned,
in essence, with the negative right of preventing the
copying of material. It is not concerned with the
reproduction of ideas but with the reproduction of the form
in which ideas are expressed.” – Date Bah JSC, Pearson
v. M. Adadzie" What does it mean and give examples
Hello ****,
The statement by Date Bah JSC means that copyright protects the specific manner in which ideas are expressed, not the ideas themselves. Essentially, it prevents others from copying the form of expression (e.g., words, images) rather than the underlying concepts.
Examples:
- A novel's storyline is an idea, but the exact text of the novel is protected.
- A painting's theme is an idea, but the actual artwork is protected.
Good luck with your studies! If you have more questions, feel free to ask.
The statement by Date Bah JSC means that copyright protects the specific manner in which ideas are expressed, not the ideas themselves. Essentially, it prevents others from copying the form of expression (e.g., words, images) rather than the underlying concepts.
Examples:
- A novel's storyline is an idea, but the exact text of the novel is protected.
- A painting's theme is an idea, but the actual artwork is protected.
Good luck with your studies! If you have more questions, feel free to ask.
"*. Economic rights of authors
The author of a protected copyright work has the exclusive economic right in respect of the work to do
or authorise the doing of any of the following:
(a) the reproduction of the work in any manner or form,
(b) the translation, adaptation, arrangement or any other transformation of the work,
(c) the public performance, broadcasting or communication of the work to the public,
(d) the distribution to the public of originals or copies of the work by way of first sales or any
other first transfer of ownership, and
(e) the commercial rental to the public of originals or copies of the work.
*. Moral rights of authors
In addition to the economic rights referred to in section *, the author of protected copyright work has
the sole moral right
(a) to claim authorship of the work and in particular to demand that the name or pseudonym of
the author be mentioned when any of the acts referred to in section * are done in relation to
the work, and
(b) to object to and seek relief in connection with a distortion, mutilation or any other
modification of the work where that act would be or is prejudicial to the reputation of the
author or where the work is discredited by the act" Give scenarios to explain the above provisions
Hello ****,
Here are some scenarios to explain the provisions:
**Economic Rights:**
*. **Reproduction:**
- An author writes a novel. A publisher wants to print and sell copies. The publisher must get the author's permission.
*. **Translation:**
- A novel written in English is translated into French. The translator needs the author's authorization.
*. **Public Performance:**
- A playwright's script is performed in a theater. The theater company must have the playwright's approval.
*. **Distribution:**
- A photographer sells original prints of their work. Buyers can distribute these prints only if the photographer consents.
*. **Commercial Rental:**
- A filmmaker rents out DVDs of their movie. The rental service must have the filmmaker's permission.
**Moral Rights:**
*. **Claiming Authorship:**
- An artist's painting is displayed in a gallery. The gallery must credit the artist by name.
*. **Objecting to Modifications:**
- A musician's song is used in a commercial with altered lyrics. The musician can object if the changes harm their reputation.
Good luck with your studies! If you have more questions, feel free to ask.
Here are some scenarios to explain the provisions:
**Economic Rights:**
*. **Reproduction:**
- An author writes a novel. A publisher wants to print and sell copies. The publisher must get the author's permission.
*. **Translation:**
- A novel written in English is translated into French. The translator needs the author's authorization.
*. **Public Performance:**
- A playwright's script is performed in a theater. The theater company must have the playwright's approval.
*. **Distribution:**
- A photographer sells original prints of their work. Buyers can distribute these prints only if the photographer consents.
*. **Commercial Rental:**
- A filmmaker rents out DVDs of their movie. The rental service must have the filmmaker's permission.
**Moral Rights:**
*. **Claiming Authorship:**
- An artist's painting is displayed in a gallery. The gallery must credit the artist by name.
*. **Objecting to Modifications:**
- A musician's song is used in a commercial with altered lyrics. The musician can object if the changes harm their reputation.
Good luck with your studies! If you have more questions, feel free to ask.
"*. Performer’s rights
(*) A person shall not without the authorisation of a performer
(a) broadcast or communicate a performance of the performer directly or indirectly to the public
except
(i) where the broadcast or communication to the public is made from a previously
authorised fixation, or
(ii) where the transmission is one that has been authorised by the broadcasting
organisation which transmits the first performance,
(b) arrange the fixation of a performance not previously fixed on a physical medium,
(c) exercise the right of reproduction of the fixation in any manner or form,
(d) provide the first public distribution of the original or a copy of a fixation of a performance,
(e) provide or obtain a rental of the original or a copy of the performance for the purpose of
direct or indirect commercial advantage irrespective of the ownership of the original or copy
rented, or
(f) make available to the public a fixed performance by wire or wireless means, in a way that
members of the public may access it from a place and at a time individually chosen by them.
(*) A performer has the exclusive right to authorise or prohibit
(a) the re-broadcasting, rental and distribution of a fixation of the performance,
(b) the fixation of the performance,
(c) the reproduction of a fixation of the performance, or
(d) the communication to the public of the performance except where the performance has been
lawfully fixed on audiovisual or audio recording media which may be broadcast without the
consent of the performer, if the recordings have been published subject to the payment of
equitable remuneration to the performer.
(*) Where a performer has given a performance under a contract of employment of service, the extent
and conditions under which the employer of the performer may use the performance or authorise others to
use it shall be determined by reference to the nature of the contract of employment or service unless
agreed otherwise.
(*) The consent of the elected representative of a group participating in choral, orchestral or stage
performance shall satisfy the conditions of subsection (*) and where the group has no representative, the
consent of the performers belonging to the group shall be expressed by the consent of the leader of the
group.
*. Duration of performer’s right
The rights of a performer in respect of the performance are protected for a period of seventy years
starting from the end of the calendar year in which the performance was fixed on a physical medium or in
the absence of such a fixation, from the end of the calendar year in which the performance took place.
*. Performer’s right to contract
Subject to sections * and * (*) a provision in this Act shall not preclude the right of a performer to
enter into a contract with a person on the terms and conditions, that the performer considers appropriate
for the use of the performance by another person.
*. Moral rights of a performer
A performer has the right, independent of the economic rights of the owner and even after the transfer
of those rights,
(a) to require to be identified with the performer’s live oral performances and performances
fixed in phonograms, and
(b) to object to a distortion, mutilation or any other modification of a personal performance
which would be prejudicial to the reputation of the performer" Give scenarios to explain the above provisions
Hello ****,
Here are some scenarios to explain the provisions on performer's rights:
***. Performer's Rights:**
*. **Broadcasting Without Authorization:**
- A radio station plays a singer's live concert without permission. This is a violation unless previously fixed or authorized.
*. **Fixation Without Authorization:**
- A filmmaker records a live theater performance without the actors' consent. This is not allowed.
*. **Reproduction Without Authorization:**
- A company makes copies of a recorded performance and sells them without the performer's authorization.
*. **Public Distribution Without Authorization:**
- A store sells copies of a recorded performance without the performer's consent.
*. **Commercial Rental Without Authorization:**
- A rental service rents out copies of a recorded performance without the performer's permission.
*. **Making Available to the Public Without Authorization:**
- A website streams a recorded performance, allowing users to access it at any time without the performer's authorization.
***. Duration of Rights:**
- A performer's rights to their performance are protected for 70 years from the end of the year it was fixed or performed.
***. Performer's Right to Contract:**
- A singer can enter into a contract
Here are some scenarios to explain the provisions on performer's rights:
***. Performer's Rights:**
*. **Broadcasting Without Authorization:**
- A radio station plays a singer's live concert without permission. This is a violation unless previously fixed or authorized.
*. **Fixation Without Authorization:**
- A filmmaker records a live theater performance without the actors' consent. This is not allowed.
*. **Reproduction Without Authorization:**
- A company makes copies of a recorded performance and sells them without the performer's authorization.
*. **Public Distribution Without Authorization:**
- A store sells copies of a recorded performance without the performer's consent.
*. **Commercial Rental Without Authorization:**
- A rental service rents out copies of a recorded performance without the performer's permission.
*. **Making Available to the Public Without Authorization:**
- A website streams a recorded performance, allowing users to access it at any time without the performer's authorization.
***. Duration of Rights:**
- A performer's rights to their performance are protected for 70 years from the end of the year it was fixed or performed.
***. Performer's Right to Contract:**
- A singer can enter into a contract
"*. Authorisation relating to broadcast
In the absence of a law or contract to the contrary, the provisions of section * shall not imply a
consent to
(a) licence other broadcasters to transmit the performance,
(b) make a fixation of the performance,
(c) reproduce the fixation if the authorisation granted is to broadcast and make a fixation of the
performance, or
(d) broadcast the performance from a previous fixation or from the reproduction of the fixation
where initial permission was given solely to enable the broadcasting of the performance.
*. Broadcasting organisations
A broadcasting organisation has the exclusive right to authorise or prohibit,
(a) the re-broadcasting of its broadcast,
(b) the fixation of its broadcast, or
(c) the reproduction of a fixation of its broadcast, or
(d) the communication to the public of its broadcast." Give scenarios to explain each of the provisions above
Hello ****,
Here are some scenarios to explain the provisions:
***. Authorisation relating to broadcast:**
*. **Licence Other Broadcasters:**
- A TV station broadcasts a concert. Another station cannot re-broadcast it without authorization.
*. **Fixation of Performance:**
- A live concert is recorded without consent. This is not allowed.
*. **Reproduce Fixation:**
- A radio station records and broadcasts a concert. They can’t make copies of the recording without further authorization.
*. **Broadcast from Previous Fixation:**
- A performance is recorded for a one-time broadcast. Re-broadcasting the recording requires additional permissions.
***. Broadcasting organisations:**
*. **Re-broadcasting:**
- A local station re-broadcasts a foreign news program without consent, which is prohibited.
*. **Fixation:**
- A sports event is recorded by a network without the broadcasting organization’s permission.
*. **Reproduction of Fixation:**
- A recorded show is copied and sold without the broadcaster’s approval.
*. **Communication to the Public:**
- A TV show is streamed online without the broadcaster’s authorization.
Good luck with your studies! If you have
Here are some scenarios to explain the provisions:
***. Authorisation relating to broadcast:**
*. **Licence Other Broadcasters:**
- A TV station broadcasts a concert. Another station cannot re-broadcast it without authorization.
*. **Fixation of Performance:**
- A live concert is recorded without consent. This is not allowed.
*. **Reproduce Fixation:**
- A radio station records and broadcasts a concert. They can’t make copies of the recording without further authorization.
*. **Broadcast from Previous Fixation:**
- A performance is recorded for a one-time broadcast. Re-broadcasting the recording requires additional permissions.
***. Broadcasting organisations:**
*. **Re-broadcasting:**
- A local station re-broadcasts a foreign news program without consent, which is prohibited.
*. **Fixation:**
- A sports event is recorded by a network without the broadcasting organization’s permission.
*. **Reproduction of Fixation:**
- A recorded show is copied and sold without the broadcaster’s approval.
*. **Communication to the Public:**
- A TV show is streamed online without the broadcaster’s authorization.
Good luck with your studies! If you have
"Acts reserved for neighbouring right holder:" what is this
Hello ****,
Neighbouring rights are rights related to copyright, protecting the interests of performers, producers of phonograms, and broadcasting organizations. They cover:
- Performance rights for actors and musicians.
- Rights of producers regarding sound recordings.
- Broadcasting rights for television and radio organizations.
Do you need more details on any specific neighbouring right?
Neighbouring rights are rights related to copyright, protecting the interests of performers, producers of phonograms, and broadcasting organizations. They cover:
- Performance rights for actors and musicians.
- Rights of producers regarding sound recordings.
- Broadcasting rights for television and radio organizations.
Do you need more details on any specific neighbouring right?
"*. Civil remedies
(*) A person whose rights under this Act are in imminent danger of being infringed or are being
infringed upon may initiate civil proceedings in the High Court
(a) for an injunction to prevent the infringement or prohibit the continuation of the infringement,
(b) in respect of imported goods or goods ready for export, for an order requiring the Customs,
Excise and Preventive Service to detain the goods, or
(c) for the recovery of damages for the infringement.
(*) On an ex parte application, the Court may make an order in chambers for the inspection or
removal from the defendant’s premises of copyright infringing materials which constitute evidence of
infringement by the defendant.
(*) The grant of an injunction under subsection (*) of this section shall not affect the claim for
damages in respect of loss sustained by the applicant as a result of the infringement of the applicant’s
rights under this Act.
(*) A person who sustains damage from an infringement of that person’s rights under this Act may
institute civil proceedings against the person responsible for the infringement whether or not the person
has been successfully prosecuted under this Act.
(*) Where the Customs, Excise and Preventive Service detain goods under subsection (*) (b)
(a) the right holder or the person on whose application the order was made shall provide to the
Service a sufficiently detailed description of the goods to make them readily recognisable by
the Service;
(b) the Service shall release the goods to their owner if within ten working days it is not
informed by the person on whose application the order was made that
(i) proceedings leading to a decision on the merits of the case have been initiated by a
party other than the owner of the detained goods, or
(ii) an extension of the order for the detention of the goods had been granted by the
appropriate authority.
(*) A right holder may apply directly to the Service for the detention of goods on the grounds stated
in subsection (*) (b); and subsection (*) shall apply to the application as appropriate except that before the
application is granted, the applicant shall provide sufficient information to satisfy the Service that there is
an infringement or imminent infringement of the rights holder’s copyright or related right.
(*) On receipt of an application under subsection (*), the Service shall within fourteen days, inform
the applicant of
(a) the decision of the Service on the application, and
(b) where the application is granted, the period of the detention of the goods" give scenarios to explain the following provisions
Hello ****,
Here are some scenarios to explain the provisions under Section * on civil remedies:
***. Injunction to Prevent Infringement:**
- **Scenario:** Sarah discovers that a company is about to release a product that copies her patented design. She applies to the High Court for an injunction to stop the release.
***. Detention of Imported Goods:**
- **Scenario:** John learns that counterfeit copies of his software are being imported. He requests the Customs, Excise, and Preventive Service to detain the goods at the port.
***. Recovery of Damages:**
- **Scenario:** Emma’s copyrighted artwork is used without her permission in a commercial. She sues the company for damages to compensate for her financial loss.
***. Ex Parte Application for Evidence:**
- **Scenario:** A music producer believes a rival is selling pirated copies of his albums. He applies ex parte to the Court for an order to inspect the rival's premises and remove the infringing copies.
***. Ongoing Detention by Customs:**
- **Scenario:** A writer asks Customs to detain counterfeit books. Customs will release the books if not informed within ten days that legal proceedings or an extension order has been initiated.
***
Here are some scenarios to explain the provisions under Section * on civil remedies:
***. Injunction to Prevent Infringement:**
- **Scenario:** Sarah discovers that a company is about to release a product that copies her patented design. She applies to the High Court for an injunction to stop the release.
***. Detention of Imported Goods:**
- **Scenario:** John learns that counterfeit copies of his software are being imported. He requests the Customs, Excise, and Preventive Service to detain the goods at the port.
***. Recovery of Damages:**
- **Scenario:** Emma’s copyrighted artwork is used without her permission in a commercial. She sues the company for damages to compensate for her financial loss.
***. Ex Parte Application for Evidence:**
- **Scenario:** A music producer believes a rival is selling pirated copies of his albums. He applies ex parte to the Court for an order to inspect the rival's premises and remove the infringing copies.
***. Ongoing Detention by Customs:**
- **Scenario:** A writer asks Customs to detain counterfeit books. Customs will release the books if not informed within ten days that legal proceedings or an extension order has been initiated.
***
"*. Copyright and related rights offences
A person who
(a) reproduces, duplicates, extracts, imitates or imports into the country, except for that person’s
private use, a work, or
(b) causes to be reproduced, duplicated, extracted, imitated or imported into the country except
for the person’s private use a work, or
(c) distributes or permits or causes to be distributed in the country by way of sale or otherwise a
work, or
(d) exhibits or permits or causes to be exhibited in public a work, or
(e) removes or alters any electronic rights management information, or
(f) distributes, imports for distribution, broadcasts, communicates or makes available to the
public, works, performances, copies of fixed performances or sound recordings knowing that
electronic right management information has been removed or altered without authority, or
(g) manufactures, imports, distributes, exports, sells, rents, possesses for commercial purposes,
offers to the public, advertises, communicates or otherwise provides a device, product or
component that is designed or adapted to remove, alter or add electronic rights management
information, or
(h) circumvents a technological protection measure applied by the right holder to the protected
work, or
(i) manufactures, imports, distributes, exports, sells, rent, possesses for commercial purposes,
offers to the public, advertises, communicates or otherwise provides without authority
devices, components, services or other means, designed, adapted, or promoted to circumvent
such a measure, or
(j) rents or lends to the public any work,
where the person performing the act knew or had reasonable grounds to know that the action induces,
enables, facilitates or conceals an infringement of a copyright or related right protected under this Act
without the licence or authorisation of the person whose rights are protected under this Act or the agent of
that person whose rights are protected, infringes the protected rights and commits an offence punishable
under section *." Give scenarios to explain the above provisions
Hello ****,
Here are some scenarios to explain the provisions under Section * on copyright and related rights offences:
- **Reproduction (a):**
- **Scenario:** A person copies a book and sells the copies without the author's permission.
- **Causing Reproduction (b):**
- **Scenario:** A company hires a printing service to duplicate a copyrighted manual without authorization.
- **Distribution (c):**
- **Scenario:** A vendor sells pirated DVDs of a movie without the film producer's consent.
- **Exhibition in Public (d):**
- **Scenario:** A café screens a movie to the public without obtaining the necessary license from the copyright holder.
- **Altering Rights Management Information (e):**
- **Scenario:** A hacker removes DRM (Digital Rights Management) from a software and distributes it.
- **Distributing with Altered Rights Management Information (f):**
- **Scenario:** A website hosts and shares music files with removed DRM, knowing it was done without authorization.
- **Providing Devices to Alter Rights Management Information (g):**
- **Scenario:** A company sells software designed to bypass DRM on e-books.
- **Circumventing Technological
Here are some scenarios to explain the provisions under Section * on copyright and related rights offences:
- **Reproduction (a):**
- **Scenario:** A person copies a book and sells the copies without the author's permission.
- **Causing Reproduction (b):**
- **Scenario:** A company hires a printing service to duplicate a copyrighted manual without authorization.
- **Distribution (c):**
- **Scenario:** A vendor sells pirated DVDs of a movie without the film producer's consent.
- **Exhibition in Public (d):**
- **Scenario:** A café screens a movie to the public without obtaining the necessary license from the copyright holder.
- **Altering Rights Management Information (e):**
- **Scenario:** A hacker removes DRM (Digital Rights Management) from a software and distributes it.
- **Distributing with Altered Rights Management Information (f):**
- **Scenario:** A website hosts and shares music files with removed DRM, knowing it was done without authorization.
- **Providing Devices to Alter Rights Management Information (g):**
- **Scenario:** A company sells software designed to bypass DRM on e-books.
- **Circumventing Technological
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