The following is a list of cases that deal with issues of concern to copyright in various jurisdictions. Some of these cases are leading English cases as the law of copyright in various

Commonwealth A commonwealth is a traditional English term for a political community founded for the common good. Historically, it has been synonymous with "republic". The noun "commonwealth", meaning "public welfare, general good or advantage", dates from the ...

jurisdictions developed out of English law while these countries were colonies of the

British Empire The British Empire was composed of the dominions, colonies, protectorates, mandates, and other territories ruled or administered by the United Kingdom and its predecessor states. It began with the overseas possessions and trading posts esta ...

. Other cases provide background in areas of copyright law that may be of interest for the legal reasoning or the conclusions they reach.

Australia

*'' Victoria Park Racing & Recreation Grounds Co Ltd v Taylor'', idea-expression divide *'' Cuisenaire v Reed'', (a literary work cannot be infringed by a three-dimensional reproduction) *'' Pacific Film Laboratories v Commissioner of Tax'', considered negative rights - the power to prevent the making of a physical thing by copying. *'' Zeccola v Universal City Studios Inc'', there is no copyright in the idea of a theme or a story, but there may be a time where a combination of events and characters reaches sufficient complexity as to give rise to dramatic work copyright *'' Computer Edge Pty Ltd v Apple Computer Inc'', (test in Exxon for literary work is "not intended to establish a comprehensive or exhasutive definition of literary work for copyright purposes" per Mason and Wilson JJ) *'' CBS Records v Gross'', (a cover version of a song can be an original work itself capable of copyright protection) *'' Greenfield Products Pty Ltd v Rover-Scott Bonnar Ltd'', (1990) 17 IPR 417 per Pincus J, the drive mechanism of a law mower was not a sculpture *'' Yumbulul v Reserve Bank of Australia'' (Morning Star Pole ten-dollar note case), copyright law does not provide adequate protection of Aboriginal community claims to regulate the reproduction and use of works which are essentially communal in origin *'' Autodesk Inc v Dyason (No.2)'', (1993) 111 ALR 385 (the idea-expression divide is the "dominant principle in copyright law" per Mason CJ: "when the expression of any idea is inseparable from its function, it forms part of the idea and is not entitled to the protection of copyright" per Dawson J) *'' Sega Enterprises Ltd v Galaxy Electronics Pty Ltd'',. interactive video games involving computer-generated images are cinematograph films as defined in s 10 of the Copyright Act 1968.

Canada

*'' Muzak Corp. v. CAPAC'',

953 Year 953 ( CMLIII) was a common year starting on Saturday (link will display the full calendar) of the Julian calendar. Events By place Byzantine Empire * Battle of Marash: Emir Sayf al-Dawla marches north into the Byzantine Empire ...

2 S.C.R. 45 (authorization as infringement) *'' Canadian Admiral Corp. v. Rediffusion Inc.'',

954 Year 954 ( CMLIV) was a common year starting on Sunday (link will display the full calendar) of the Julian calendar. Events By place Europe * Spring – A Hungarian army led by Bulcsú crosses the Rhine. He camps at Worms in the c ...

Ex. C.R. 382 (performance in public) *'' Cuisenaire v. South West Imports Ltd.'',

968 Year 968 ( CMLXVIII) was a leap year starting on Wednesday (link will display the full calendar) of the Julian calendar. Events By place Byzantine Empire * Emperor Nikephoros II receives a Bulgarian embassy led by Prince Boris ( ...

1 Ex C.R. 493 *'' Snow v. The Eaton Centre Ltd.'' (1982), 70 C.P.R. (2d) 105 (Ont. H.C.) (

moral rights Moral rights are rights of creators of copyrighted works generally recognized in civil law jurisdictions and, to a lesser extent, in some common law jurisdictions. The moral rights include the right of attribution, the right to have a work pu ...

) *'' DRG Inc. v. Datafile Ltd.'' (1987) 18 C.P.R. (3d) 538 *'' Apple Computer Inc. v. Mackintosh Computers Ltd.'',

990 Year 990 ( CMXC) was a common year starting on Wednesday (link will display the full calendar) of the Julian calendar. Events By place Europe * Al-Mansur, ''de facto'' ruler of Al-Andalus, conquers the Castle of Montemor-o-Velho (mode ...

2 S.C.R. 209 (copyright in computer programs) *'' Prise de Parole Inc. v. Guerin'',

995 Year 995 ( CMXCV) was a common year starting on Tuesday (link will display the full calendar) of the Julian calendar. Events By place Japan * 17 May - Fujiwara no Michitaka (imperial regent) dies. * 3 June: Fujiwara no Michikane gai ...

F.C.J. No. 1583 (moral rights and damages) *''

Gould Estate v. Stoddart Publishing Co. Ltd. ''Gould Estate v Stoddart Publishing Co Ltd'' (1998), 39 OR 555 (Ont CA), is a Canadian case on appropriation of personality, the ownership of copyright, and requirements of fixation. Background During 1956, Jock Carroll interviewed a young Glen ...

'' (1996), 74 C.P.R. (3d) 206 (rights of personality and fixation) *'' Delrina Corp. v. Triolet Systems Inc.'' (2002), 58 OR (3d) 339 (merger doctrine and copyright in software) *'' Théberge v. Galerie d'Art du Petit Champlain Inc.'',

002 002, 0O2, O02, OO2, or 002 may refer to: Fiction *002, fictional British 00 Agent *'' 002 Operazione Luna'', *1965 Italian film * Zero Two, a '' Darling in the Franxx'' character Airports *0O2, Baker Airport *O02, Nervino Airport Astronomy *1 ...

2 S.C.R. 336 (Canadian definition of "reproduction") *''

CCH Canadian Ltd. v. Law Society of Upper Canada ''CCH Canadian Ltd v Law Society of Upper Canada'', 0041 SCR 339,''CCH Canadian Ltd. v. Law Society of Upper Canada'', 0041 SCR 339 'CCH''/ref> is a landmark Supreme Court of Canada case that established the threshold of originality and the boun ...

'' 2004, SCC 13 (originality standard, secondary infringement, and fair dealing rights) *'' Society of Composers, Authors and Music Publishers of Canada v. Canadian Association of Internet Providers'', 2004 SCC 45 (ISPs as common carriers and status of caches) *'' BMG Canada Inc. v. Doe'', 2005 FCA 193 (privacy rights of filesharers) *'' Robertson v. Thomson Corp.'', 2006 SCC 43 (ownership and licensing of

collective work A collective work is a work that contains the works of several authors assembled and published under the direction of one natural or legal person who owns the copyright in the work as a whole. Definitions vary considerably from one country to a ...

s in electronic databases) *'' Entertainment Software Association v. Society of Composers, Authors and Music Publishers of Canada'', 2012 SCC 34 (holding that downloads engaged only reproduction rights and not communication rights) * '' Rogers Communications Inc. v. Society of Composers, Authors and Music Publishers of Canada''
2012 SCC 35
(clarifying the meaning of "communication to the public" in the context of online streaming music) *'' Society of Composers, Authors and Music Publishers of Canada v. Bell Canada''
2012 SCC 36
(clarifying fair dealing in the context of streamed music) *''

Alberta (Education) v. Canadian Copyright Licensing Agency (Access Copyright) ''Alberta (Education) v Canadian Copyright Licensing Agency (Access Copyright)''2012 SCC 37 is a Supreme Court of Canada case that considered whether the photocopying of textbook excerpts by teachers, on their own initiative, to distribute to stu ...

''
2012 SCC 37
(applying the fair dealing to photocopied textbooks in public schools) *'' Re:Sound v. Motion Picture Theatre Associations of Canada''
2012 SCC 38
(clarifying the definition of "sound recording" in the context of soundtracks of cinematographic works) * (copyright resides in proposals, treatments and formats, and infringement can occur when subsequent audiovisual works use their elements without ever actually literally copying them)

France

*'' Societe Le Chant du Monde v. Societe Fox Europe and Societe Fox Americaine Twentieth Century'' Cour d'appel, Paris, Jan. 13, 1953, D.A. 1954, 16, 80, held in favor of the plaintiffs due to the very strong moral rights regime in France.

India

* '' Pine Labs Pvt Ltd vs Gemalto Terminals India Pvt Limited'' - in FAO(OS) 635 of 2009 decided by DB Delhi High Court on 3.8.2011 (https://web.archive.org/web/20120201004419/http://lobis.nic.in/dhc/AKS/judgement/01-10-2011/AKS03082011FAOOS6352009.pdf Pine Labs Pvt Ltd vs Gemalto Terminals India Ltd and others): In the absence of the period of assignment or territory of assignment being specified, the assignment is deemed to be for 5 years and territory is deemed to be the territory of India as per section 19(5) and 19(6) of Copyright Act. After the period of 5 years, copyright reverts to assignor. * '' THE CHANCELLOR, MASTERS & SCHOLARS OF UNIVERSITY OF OXFORD & ORS Versus RAMESHWARI PHOTOCOPY SERVICES & ORS last judgement on December 9, 2016 was by Delhi Highcourt.

Japan

Winny copyright infringement case Winny copyright infringement criminal case in Japan was a Japanese criminal case in which Isamu Kaneko, the developer of P2P file-sharing program Winny, was indicted for aiding in copyright infringement. This was the first case in which a comput ...

" (2011) Supreme Court Hei 21(A) 1900

New Zealand

*'' Green v. Broadcasting Corp of NZ'' (1989) APIC 90-590: Privy Council definition of "dramatic works": " a dramatic work must have sufficient unity to be capable of performance"

United Kingdom

* Bach v. Longman'' *''

Gyles v Wilcox ''Gyles v Wilcox'' (1740) 26 ER 489 was a decision of the Court of Chancery of EnglandSaunders (1992), 29. that established the doctrine of fair abridgement, which would later evolve into the concept of fair use. The case was heard and the opin ...

'' (1740) 3 Atk. 143; 26 Eng. Rep. 489 (a fair abridgement of a work is not copyright infringement) *'' Entick v Carrington'' (1765) 95 ER 807 (authorities have no power which is not explicitly given to them by law; repercussions far beyond exclusive rights) *'' Millar v. Taylor'' (1769) 4 Burr 2303; 98 ER 201 (copyright is perpetual) *'' Donaldson v. Beckett'' (1774) 4 Burr 2408; 98 ER 257 (copyright is not perpetual) *'' Dick v. Yates'' (1881) 18 Ch D 76 (a title is not long enough to constitute a literary work) *'' Kenrick v. Lawrence'' (1890) L.R. QBD 99 *'' Hollingrake v. Truswell''

894 __NOTOC__ Year 894 ( DCCCXCIV) was a common year starting on Tuesday (link will display the full calendar) of the Julian calendar. Events By place Byzantine Empire * Byzantine–Bulgarian War: Stylianos Zaoutzes, leading minister and ...

Ch. 420 *'' Walter v. Lane''

900 __NOTOC__ Year 900 ( CM) was a leap year starting on Tuesday (link will display the full calendar) of the Julian calendar. Events By place Abbasid Caliphate * Spring – Forces under the Transoxianian emir Isma'il ibn Ahmad are v ...

AC 539 ("reporter's copyright") *'' Corelli v. Grey'' (1913) 29 TLR 570 (four reasons for clear objective similarity between works) *'' University of London Press Ltd. v. University Tutorial Press Ltd.''

916 __NOTOC__ Year 916 ( CMXVI) was a leap year starting on Monday (link will display the full calendar) of the Julian calendar. Events By place Europe * Sicilian Berbers in Agrigento revolt and depose the independent Emir Ahmed ibn Kh ...

2 Ch. 601 *'' Re Dickens'' (1934) 1 Ch 267 *'' Hawkes & Son (London) Ltd v. Paramount Film Service Ltd''

934 Year 934 ( CMXXXIV) was a common year starting on Wednesday (link will display the full calendar) of the Julian calendar. Events By place Byzantine Empire * Spring and Summer – The Hungarians make an alliance with the Pecheneg ...

1 Ch 593 (the ''

Colonel Bogey The "Colonel Bogey March" is a British march that was composed in 1914 by Lieutenant F. J. Ricketts (1881–1945) (pen name Kenneth J. Alford), a British Army bandmaster who later became the director of music for the Royal Marines at Plymouth ...

'' case - infringement of copyright occurs when "a substantial, a vital and an essential part" of a work is copied, per Lord Slesser) *'' Jennings v. Stephens''

936 Year 936 ( CMXXXVI) was a leap year starting on Friday (link will display the full calendar) of the Julian calendar. Events By place Europe * June 19 – At Laon, Louis IV, the 14-year old son of the late King Charles the Simple ...

Ch. 469 ("performance in public" as infringement) *'' Donahue v. Allied Newspapers Ltd'' (1938) Ch 106 idea-expression_divide".html" ;"title=" idea-expression divide""> idea-expression divide"*'' Ladbroke (Football) Ltd v. William Hill (Football) Ltd''

964 Year 964 ( CMLXIV) was a leap year starting on Friday (link will display the full calendar) of the Julian calendar. Events Byzantine Empire * Arab–Byzantine War: Emperor Nikephoros II continues the reconquest of south-eastern Anatoli ...

WLR 273 *'' LB (Plastics) Ltd. v. Swish Products Ltd.''

979 Year 979 ( CMLXXIX) was a common year starting on Wednesday (link will display the full calendar) of the Julian calendar. Events By place Byzantine Empire * March 24 – Second Battle of Pankaleia: An Ibero-Byzantine expeditionary ...

RPC 551 (the basis of copyright protection is that "one man must not be able to appropriate the result of another's labour") *'' Exxon Corp v. Exxon Insurance Consultants International'' (1981) 3 All ER 241 xxon name has no copyright*''

Express Newspapers v. News (UK) Ltd Express or EXPRESS may refer to: Arts, entertainment, and media Films * ''Express: Aisle to Glory'', a 1998 comedy short film featuring Kal Penn * ''The Express: The Ernie Davis Story'', a 2008 film starring Dennis Quaid Music * Express (album) ...

'' (1990) 18 IPR 201 (confirming '' Walter v. Lane'') *''

Lucasfilm Ltd v Ainsworth was a 2011 court ruling by the Supreme Court of the United Kingdom.. The case concerned an intellectual property dispute over the production of Lucasfilm's Stormtrooper costumes by model maker Andrew Ainsworth. Mr Ainsworth argued that the helme ...

011 The following is a list of different international call prefixes that need to be dialled when placing an international telephone call from different countries. Countries by international prefix Countries using optional carrier selection code ...

UKSC 39 (on whether a film prop can be a sculpture) *''

Temple Island Collections Ltd v New English Teas Ltd Temple Island v New English Teas was a case in the England and Wales Patents County Court, heard on 28 November 2011, in which Temple Island Collections Ltd. sued New English Teas Ltd. and Nicholas John Houghton over copyright infringement for usin ...

012 012 may refer to: * Tyrrell 012, a Formula One racing car * The dialing code for Pretoria, South Africa See also * 12 (disambiguation) Twelve or 12 may refer to: * 12 (number) * December, the twelfth and final month of the year Years * 12 BC ...

EWPCC 1 (revising the originality standard)

United States

Note: if no court name is given, according to convention, the case is from the

Supreme Court of the United States The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. Federal tribunals in the United States, federal court cases, and over Stat ...

. Supreme Court rulings are binding precedent across the United States; Circuit Court rulings are binding within a certain portion of it (the circuit in question); District Court rulings are not binding precedent, but may still be referred to by other courts.

References

{{Copyright law by country *

Case law Case law, also used interchangeably with common law, is law that is based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of ...

Copyright A copyright is a type of intellectual property that gives its owner the exclusive right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, educatio ...