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Perfect 10, Inc. v. Amazon.com, Inc., 508 F.3d 1146

ISSUE:

Does a computer owner who stores an image as electronic information and provides that electronic information directly to a user violate the copyright holder’s exclusive right to display the image?

Does a computer owner who in-line links to or frames a full-size image not infringe the distribution rights of the image’s copyright owner when the image is displayed on the computer screen of a user?

RULE:

The use of copyrighted images in thumbnail search results can be fair use, even if the use in commercial in nature.

A computer owner who stores an image as electronic information and provides that electronic information directly to a user violates the copyright holder’s exclusive right to display the image.

A computer owner that in-line links to or frames a full-size image does not infringe the distribution right of the image’s copyright owner when the image is displayed on the computer screen of a user.

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Copyright

Community for Creative Non-Violence v. Reid 490 U.S. 730 (1989)

ISSUE:

Whether under common-law agency principles, does one who creates an artwork at the directive of another retain copyright upon it unless that other had employed the artist?

RULE:

Doctrine of Works Made for Hire: According to this doctrine, for works made for hire, the author is not the person who has created the work. Instead, the person who hired the individual is the author and the owner of the copyright of the work itself.

Under common-law agency principles, one who creates an artwork at the directive of another retains copyright upon it unless that other had employed the artist.

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Copyright

Najma heptulla v. Orient Longman ltd AIR 1989 Delhi 63

ISSUE:

Whether Maulana Azad was the sole author of the book ‘India Wins Freedom’?

RULE:

According to the Copyright Act, 1957, Joint Authorship is “when more than one author creates work with the intention of their contributions being merged into inseparable or interdependent parts of a unitary whole”.

In the event of Joint Authorship, the authors will be regarded as co-owners of the copyright that subsists in that work.

The consent of the dead heir's legal representatives is required when there are joint authors and one of them is deceased.

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Copyright

Ladbroke (football) ltd. V. William hill (football) ltd. [1964] 1 WLR 273

ISSUE:

Whether or to what extent copyright attaches to these coupons? In whole or in part?

If the coupons are subject to copyright, has enough copying been done to amount to infringement, and whether it was proper to look at the several parts of the work separately?

RULE:

Copyright protection exists in the betting industry and intellectual property rights should be protected to prevent infringement.

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Copyright

CCH Canadian ltd v. Law society of upper Canada [2004] 1 SCR 339

ISSUE:

Whether the Law Society's dealings with the publishers' works “fair dealing(s)” under Sections 29 of the Copyright Act of Canada?

Did the Great Library authorize copyright infringement by maintaining self-service photocopiers and copies of the publishers’ works for its patrons’ use?

Are publishers’ materials “original works” protected under copyright?

RULE:

For a work to be “original” within, it must be more than a mere copy of another work. At the same time, it need not be creative, in the sense of being novel or unique. What is required to attract copyright protection in the expression of an idea is an exercise of skill and judgment. This aspect of the work is the main point of difference between identifying an original work and a copied work.

The exercise of skill and judgment required to produce the work must not be so trivial that it could be characterized as a purely mechanical process, it should include the intellectual effort of the author.

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Copyright

Baker v. Selden 101 U.S. 99 (1879)

ISSUE:

Whether Baker had infringed copyrights held by Selden?

Whether Selden had an exclusive right to the use of the system explained in his book?

RULE:

Idea-Expression Dichotomy: A copyright can be obtained only over a particular expression of an idea, it does not protect the idea that underlies that expression and this is what limits copyrights and differentiates it from patents. An idea/art/method can be patented whereas the expression of an idea/art/method can be copyrighted.

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Copyright

Amar Nath Sehgal v. UOI 2005 (30) PTC 253 Del

ISSUE:

Whether the plaintiff is entitled to the special rights u/s 57 of the Copyright Act even after the copyrights are vested in the interest of the defendants?

Whether there are any damages in respect of any distortion, mutilation, modification or other act in relation to the said work, which is done before the expiration of the term of copyright?

RULE:

Moral rights - The right of the author to claim ownership of his work along with his right to restrain or
claim ownership of his work along with the right to restrain or claim damages. The same has been mentioned in section 57 of the copyright act.

Article 6bis of the Berne Convention urges the members of the Berne Union to provide legal recognition for the moral rights of attribution and integrity in a work in which copyright exists.

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