Intellectual Property Law Scenario

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Based on the assessment of the whole situation, the issue is related on copyright to the different works done by the group members and the task would involve solving the doubt on who has the copyright to the works as the group members are disbanding. Copyright is property right as defined by the legislative source for copyright law, the Copyright, Designs and Patents Act 1988 and is a form of intellectual property to confirm individuals to possess the items that was inspired by their own creativeness. It helps give the individuals like writers exclusive control of their own work and also for monetary exchange when the work is used by others with permission, in the form of royalty. Once an individual has a copyright protection over something, they then have the control on whether they would allow to work to be copied, published or made an adaption for the public.[1] This legislation has been much amended and is the principal act to be referred to when dealing with copyright concerns. Another important element to be considered would be that of moral rights, as it protects the personal interests of an author of a copyrighted work. Copyright exists in three main type of works with the first being as original literary, dramatic, musical or artistic works and then followed by the category of sound recordings, films or broadcasts and lastly, the typographical arrangement of published editions.[2] Which means, the three scenarios involved in the argument between Communart will definitely be within this categories and it will be best to first connect them to their relevant categories. Relying on the categories, the issue on the written manifesto will fall under the original literary works category, whereas, the tree that is the centrepiece of the Communart group’s festival will specifically be under the artistic works category. And finally, the matter involving the music of the group will no doubt be in the musical grouping and also with further focus on sound recordings. This category of work must be original and to determine so we must use the relevant originality test to decide if it is in fact an original creation. Originality here would not mean the ordinary dictionary meaning that seems common but as per Lord Peace, he suggests that the work is not copied and that it should originate from the author.[3] Basically the idea need not be fresh since it will not be covered by copyright but rather the expression of that particular idea constitutes the originality. Revisiting on the rule that copyright does not protect the idea but only the expression of the idea, it becomes important that the expression be in writing or in other form, like fixation methods. The expression of an idea will be covered by copyright. And from the result of Ladbroke (Football) milestone case, one will need to use the skill, labour and judgement test to demonstrate the originality. So in reality, the expression of idea must be from the author and also,

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