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Question: Critically discuss the concept of originality. To what extent does it need re-appraisal, particularly in the light of recent European developments? (10 Marks 800 words)
Answer: Section (1) (1) of the Copyright, Designs and Patents Act 1988 states that copyright subsists in ‘original literary, dramatic, musical or artistic works.’ However, the Act does not state what ‘original’ means. Dictionary definitions include phrases such as `made or expressed for the first time\', `capable of producing new ideas or artistic forms\' `novel\', `inventive\' as well as `independent creation\' `not derived or copied\'. Different nuances can be detected in these definitions and it is clear that an emphasis on novelty and creativity is likely to give a different perspective than the mere requirement that the work should not be copied, even though these could be viewed as equivalent at one level. It remains the case that some degree of skill and labour on the part of t......(short extract)
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Details: - Mark: 66% | Course: Intellectual Property Law | Year: 1st | Words: 769 | References: No | Date written: Not available | Date submitted: October 19, 2008 | Coursework ID: 126
