not. The claimants then appealed to the House of Lords who agreed with the initial trial judges decision that the copied features formed a substantial part of the plaintiffs work. In both Navitaire and Nova, the court included in its judgement the provisions of the Software Directive recitals 13-15. This has led to difficulties in the television industry in relation to protecting various unscripted game show formats however unique and original they might. Until such time as it is tested, the debate as to whether or not a format can be adequately protected rages on, and the television industry is simply left with a range of inadequate causes of action and legal rights to try to protect. In arriving at his decision, Jacob J provided some guidance on general and detailed ideas rejecting the analysis in the earlier case of John Richardson Computers v Flanders (1993) where the American model for assessing infringement was adopted. Reference this, it may well seem that the concept of idea/expression dichotomy is the most complicated and controversial aspects in Copyright Law. The courts tend to follow the line that creation of a format is generally an idea and not a creative work which is capable of protection by copyright law. If it was one would have expected at least to find somewhere a statement that this is the Central Theme. Later, ITV launched a programme called Dream Street where a recovery truck was the main character.
This is not an example of the work written by our professional essay writers. English copyright law does not protect ideas but the ways in which these ideas are expressed. This was established in Harman Pictu. Based on s16 of the cdpa 1998 the court has formulated the following test to establish whether there has been an infringement of copyright.
The courts therefore had to decide whether the theme was protected by copyright bearing in mind the established law that copyright does not subsist in ideas but the expression of these ideas. There he wrote a programme called Unicorn designed to compete with (ADS). On appeal, the court held that the trial court was wrong to hold the position that a film could not be a dramatic work; a film can be a dramatic work if it can be performed live before an audience. Together, they later marketed the package as (ADS) under the company name PK Ltd where the defendant was the sole employee and Managing Director. The Plaintiffs alleged non textual copying in relation to the look and feel of running OpenRes, user commands to achieve particular results and screen reports in response to user instructions. It was held that the format of the talent show cannot be protected by copyright law since the fact that there are some repeated elements does not make clear that the combination of these elements constitutes a dramatic work and fall under the protection. Finally, it was held that in case that a protection is given to TV formats then this should be done only if it is absolutely sure that the format constitutes a dramatic work otherwise there would be miscarriage of justice for the rest of the. In relation to magazine and TV industries, the IPC case indicates that it would be extremely difficult to succeed in a copyright claim where there are changing formats envisaged. Baker v Selden by the Supreme Court of America. 1990, 1(3 96-102 Simon March The X and make up factor: the "Fuller v Cowell" dispute (2005) Comms. It was held that parts of the computer programme copied were of a high level of generality or abstraction, common in the industry and did not form a substantial part of the program itself.
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