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McCurry V Mcdonalds?
Apple V Samsung?
What is Copyright?
Copyright does not protect the idea but the expression of that idea. Copyright Act 1968 (Cth) provides that copyright only subsist in original works in material form.
Originality
Original literary works, dramatic works, musical works, and artistic works Originality of an author = sufficient independent intellectual effort and skill + not copied. Originality does not need novelty, merit, inventive, or artistic values (unless it is an artistic work).
Thinking Round I
Example: If we were to reproduce a play by William Shakespeare, Macbeth (1603-1606). Would we infringing copyright law? Yes or No?
No, because expiry of copyright validity for plays is 70 years after the death of playwright and it is hard to copy the original play since it was in the 1600s. Yes, if we were to reproduce it by copying another persons idea.
Thinking Round II
Example: If a reporter publishes an interview done a few months before and subsequently want to use the same story for another purpose but did not gain permission from the interviewee, would he breach copyright law if he were to publish it anyway? Answer: No. Original works of the article belongs to the reporter not the interviewee. (Case: Donoghue v Allied Newspaper)
Conclusion
Copyright helps to protect the creator. Important in industries which deals with music, books, computers and advertising. Businesses must be careful and avoid direct and indirect infringements of copyrights. In order to be protected, work has to be expressed in a tangible form such as in a recording or in writing.
For All
There is no international copyright, they are protected by national laws of each state and they are similar. No formalities, no need to file for registration.
Berne Convention - 1886 Universal Copyright Convention (UCC) - 1952 World Intellectual Property Organization (WIPO) - 1967
The End