LEGS8007 Class 06.1

Part 10

We looked at copyright protection for compilations of factual information  and the EU's Database Right.

Cases:
Kelly v Morris (1865-66) L.R. 1 Eq. 697
Cramp (GA) & Sons Ltd v Frank Smythson Ltd [1944] AC 329
Kenrick v Lawrence (1890) 25 Q.B.D. 99

Feist Publications v Rural Telephone Service 499 US 340 (1991)

Bell South v Donnelly Information Publishing 999 F 2d 1436 (11th Cir, 1993)

British Horseracing Board v William Hill [2001] RPC 31

LEGS8007 - EUIPO Trade Mark Course

Soon we will be looking at trade marks. The European Union Intellectual Property Office (EUIPO) provides an online course on trade marks with a certificate at the end. You will be expected to take this course and to e-mail me a copy of your certificate. You can start the course any time and you can take it is stages. You will need to register for an account at the EUIPO.

The course starts here
https://euipo.europa.eu/knowledge/enrol/index.php?id=2274

LEGS8007 Class 05.2 & 05.3

Part 08

Copyright exemptions.

We had a problem with the projector. So will record the class and put it online.

Part 09

I explained the Fair Use doctrine in the US.  We listened so some music can included other works and I asked students what decisions they would come to if they were judging hypothetical cases where fair use was being claimed.   Where it was decided that there was not far use, how much of the royalties should go to the original creator.  There was general agreement on what was and was not fair use.  But when it came to the numbers there was not universal agreement on the scale of Kane West's genius.

Audio: LEGS8007-09-20170301.mp3

LEGS8007 Coursera Law Course

Coursera has recently opened up registration for English Common Law: Structure and Principles offered by the University of London. Students with a little time to spare might find it interesting.

LEGS8007 Week 05 Tutorial

Nobody turned up.

LEGS8007 Class 05.1

Part 07

We looked at who is counts as the author of a work and at the term of copyright.

In the next class we will look at copyright exemptions.

LEGS8007 Update

I have posted some essay titles on the course blog. Some students might want to pick one and make a start.  I will provide more details on the requirements for the essay soon.

I have added a cases folder to the materials on Blackboard and a folder called papers.  I will put some reading materials in there. More will be added as the module progresses.  These are only available via Blackboard (no prizes for guessing why).

LEGS8007 Classes 04.2 & 04.3

Part 05

We continued our look at copyright. We discussed copyrightable subject matter, the tangibility requirement, the originality requirement.  We looked at the labour, skill, or judgement test.




Part 06

We discussed the idea/expression dichotomy and moral rights.



Exam Questions:

Write a note on:

1. Walter v Lane
2. Temple Island Collections v New English Teas
3. Designers Guild v Russel Wiliams (Judgment)
4. Interlego v Tyco Industries

5. Explain what is meant by the idea/expression dichotomy


Essay:

How might Walter v Lane be decided in 2017?

The idea/expression dichotomy

The problems posed by photographs to copyright law.

How Original is Original? The Threshold of Originality in Copyright Law?

LEGS8007 Class 04 Tutorial

Nobody showed up

LEGS8007 Class 04.1

We began our look at copyright.  Todays class included the Statute of Anne, the Berne Convention, and of course Finian v Columba.  We asked the question what can be protected by copyright? We will go on to answer that in the next class.



Exam Questions:

1. Write a short note on each of the following cases:
Finian v Columba, (AD 567)
Millar v Taylor, (1769) 4 Burr. 2303; 98 ER 201
Hinton v Donaldson, SCS 1 July 1773
Donaldson v Becket, (1774) 2 Brown's Parl. Cases (2d ed.) 129
Phonographic Performance (Ireland) Ltd v Cody, [1998] 4 I.R. 504 at 511


2. Identify two objectives of the Berne Convention (1886)

LEGS8007 Classes 03.2 & 03.3

Part 02: Sources of Law

We looked at the sources of law in Ireland

We watched a video on US Law and compared the process to that in Ireland. It's largely the same except the President of Ireland has fewer powers.


Part 03: Justifications for Intellectual Property
I asked students to imagine we were starting a new colony and someone proposed that we should have Intellectual Property laws. What are the arguments for having such laws.

audio: LEGS8007-03-20170215c.mp3


Exam questions:

Describe the various sources of intellectual property law (copyright, trade marks, and parents) in Ireland.

LEGS8007 Class 03.1

Part 01: Property

This was our first class.

We discussed the nature of property and how it is dependent on law. We discussed the differences between intellectual property and tangible property and concluded that the are more aline than we thing, not because intellectual property is more tangible than we first thought, but because tangible property is actually itself quite ephemeral.  We also discussed how property rights are not absolute and can be justifiably constrained by the state.

audio: LEGS8007-01-20170213b.mp3


Essay Question:
Intellectual Property isn't really property. Discuss.


Next up: we will discuss the sources of law.