A Problem Question in Intellectual Property Law

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It is 1st essentially to know who should own the copyright’s title of the manifesto with 4 persons Al (A), Bill (B), Cal (C) and Dina (D). But before discussing about the owner, we must first established the category of such manifesto by s 1(1) of Copyright, Designs and Patents Act (CDPA) 1988[1] as a literary work since it was in written form. It is also note to know that the originality requirement has to be assessed that the work must not be copied and originates from the authors with minimum investment by the author of skill, judgment and labour.

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The issue hence relies how substantial the effort the authors made to attract their copyright protection and each group members will be discussed individually.[2] AL (A) A came with the notion and the title. However, the notion could not being protected by copyright since it was being an idea not an expression. This means A cannot own the idea’s copyright since it is not original nor form a substantial part of the work.[3] Hence, A can only go after the copyright for the title but not the notion itself. For the title, one will have to look at originality issue whether A has invest a sufficient skill, labour and judgment or not. However a title could be hardly seen as copyright protection since it does not contain substantial enough of works which could be a “hackneyed expression”.[4] It was suggested that a title would be too short and does not involve literary composition.[5] But, in the case of Newspaper Licensing Agency Ltd v Meltwater Holding BV (or Meltwater)[6], A would be suggested to rely the exception test laid out by European Union (EU) case of Infopaq International A/S v Danske Dagblades Forening (Infopaq case)[7] to focus more on originality than substantiality of effort that the 12 words on the facts (OTF) (which is more than 11 words in Infopaq case) title contain expression of the intellectual creation of the author himself through choice, sequence and combination of words.[8] It does not matter that the title and the rules written is a different person (being A for title with B and C for the rules) which could amount to independent literary work[9] but it must reflects the ‘attitude, position or meaning taken by the writer of the article’ in his own way.[10] OTF, the 15 core rules has not been shown so it is hard to determine the issue whether has the headline relate to the manifesto’s content or not. However it is submitted A’s title could be protected by copyright in the light of Infopaq[11] test as long as the title ‘Manifesto of the Desperate: Finding the good life in a Ruthless World’ could introduce the tone of the manifesto that attract readers with his own intellectual creation without extracting texts from the rules.[12] Although the manifesto is unpublished,

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