✦ LIBER ✦

CASE REPORT II: THE QUEST FOR APPROPRIATE COPYRIGHT PROTECTION

✍ Scribed by Andreas Manolopoulos

Publisher: Elsevier Science
Year: 2000
Tongue: English
Weight: 68 KB
Volume: 16
Category: Article
ISSN: 0267-3649
DOI: 10.1016/s0267-3649(00)06016-7

No coin nor oath required. For personal study only.

✦ Synopsis

Two important issues arise from the recent High Court decision in C Ca an nt to or r F Fi it tz zg ge er ra al ld d I

In nt te er rn na at ti io on na al l v v T Tr ra ad di it ti io on n ( (U UK K) ) L Lt td d 1 1 ( (C Ca an nt to or r) ). The first relates to the nature of literary copyright subsisting in computer programs and the second is the test of substantiality applicable to such works.

The action lay in a highly technical area, involving a software system composed of many modules that were individually written, compiled and thereafter linked into a number of programs.The question arises as to what is protected by copyright in such a software system and what constitutes infringement.

THE NATURE OF LITERARY COPYRIGHT IN COMPUTER PROGRAMS

The approach to literary copyright in computer software will consist of examining those characteristics of a program that make it differ from a conventional literary work. This special nature of computer programs dictates the need for a careful and selective application of the literary copyright principles to computer software.

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