Professor Jones an employee of the University of Shaleford, gives a one hour guest lecture to a local group of organic retailers on the topic of “Intellectual Property Rights that Affect the Organic Industry”. She gives the lecture at the headquarters of the Organic Retailers Association, at 7.30pm. Her lecture is based upon her own research notes, and she provides all attendees to the lecture a handwritten sheet summarizing the lecture which is marked ‘©' Professor Jones 2008.
Her lecture is full of her own experiences of dealing with IP related issues within the organic retailing industry.
[...] Whilst differing approaches have been taken and it is ultimately a question of fact[12]; the general consensus is that there must be some measure of skill and effort expended in the production of the work before it can attract copyright protection[13]. Provided this is satisfied the notes and lecture handout will be copyright protected as a literary work. As such, Section of the CDPA provides that owner of the copyright in a work of any description has the exclusive right to do the acts specified in Chapter II as the acts restricted by the copyright of a work of that description”. [...]
[...] H Macqueen, C Waelde, & G Laurie (2007). Contemporary Intellectual Property. Oxford University Press. Merges, Menell & Lemley (2003). Intellectual Property in the New Technological Age. Aspen Vaver & Bentley (2004). Intellectual Property in the New Millennium. Cambridge University Press. The Copyright Designs and Patents Act 1988 Jennifer Davis (2007). Intellectual Property Law. 3rd Edition 2007 Oxford University Press. Ibid. Section of the CDPA 1988. Bainbridge (2007) Intellectual Property, Pearson Longman Ibid. Section of the CDPA 1988. Bainbridge (2007) op.cit. [1964] 1 WLR 273. Ibid at p.291. [...]
[...] However, the lecture notes and the handwritten sheet summarizing the lecture asserted Professor Jones as the copyright owner and the factual scenario clearly raises ownership issues, which is important in determining who can assert the copyright in the event that Mr Adams, Ms. Bailey and P. Nabakvo are found to have infringed the copyright in the works. Whilst Professor Jones is an employee of the University of Shaleford, she gives her lecture as a guest lecturer at the Organic Retailers Association Headquarters. [...]
[...] (1923) 40 TLR 186. Bainbridge (2007) op.cit. Ibid. Ibid. Bainbridge (2007) op.cit. Davis (2007) op.cit. See Section 12 of the CDPA. Lillian Edwards & Charlotte Waelde (2008). Law and Internet. 3rd Edition. Hart Publishing. Chapter III of the CDPA. The other exceptions apply to fair use in education, which is not relevant to the current [...]
[...] In summary, the works will be protected as a literary work under the CDPA and prima facie owned by the University unless Professor Jones can establish that the lecture was outside the course of employment for the University. The use of the flipchart and diagrams by Mr Adams will most likely not constitute copyright infringement on grounds of the exception for research and private study. Ms Bailey may have a defense to copyright infringement under the CDPA on grounds of criticism and review depending on the degree to which the article uses the Professor's theories and if Professor Jones has been given a proper acknowledgement on the article. [...]
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