Copyright: Updates to IP/it Update Website

I have updated and transposed two pages from the old Kingsgate website:
(1) a case note on the decision of the US Court of Appeals for the First Circuit in Lotus Development Corporation v Borland International Inc. [1997] FSR 61 which I first wrote in June 1998; and
(2) an article on moral rights which I first wrote just over 2 years ago.

The Lotus case exemplifies the US distinction between copyrightable and non-copyrightable matter which does not really exist in England. In this country, however, the idea of substantiality often reaches the same result albeit by a different route. It is instructive to compare a case like Lotus with such cases as Warwick Film Productions Ltd. v Eisinger [1969] 1 Ch 508 or Ladbroke (Football) Limited v William Hill (Football) Ltd [1964] 1 WLR 273.

The article on moral right has been updated to tale account of art 5 of the WIPO Performances and Phonograms Treaty which is implemented in the UK by The Performances (Moral Rights, etc.) Regulations 2006 as from 1 Feb 2006.


About Jane Lambert

I am a barrister specializing in intellectual property, technology, media and entertainment and competition law. I specialize in helping SME (small and medium enterprises) protect and exploit their investment in brands, design, technology and the arts. SME require intellectual property (legal protection for their intellectual assets) at least as much as big business but their limited means restrict the way they can use it. Looking after such clients wisely requires skills and knowledge which have taken me years to learn.
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