British Kinematography (1948)

should be the expression of an original or inventive thought, for copyright is not concerned with originality of ideas, but with the expression of ideas or thoughts, so that a report of a speech, a photograph of a picture, and a translation of a foreign work are protected. There is no monopoly in the subject matter of a work. Anybody may produce the same result, provided he does so independently, but to entitle a work to copyright, there must be skill or labour employed in producing the particular form in which the work is expressed, and if there is no such skill or labour employed there will be no copyright, even though the work may embody an original idea or opinion. There is, therefore, no copyright in news as such, but only in the form in which it is expressed, and it is not an infringement of copyright to make a film of actual events, such as a football match or a horse race, and it is thought that there can be no copyright in a photograph of an existing photograph. But if a person takes a photograph of a scene of nature which is identical to a photograph previously taken of the same scene, he will, nevertheless, have copyright in his photograph even though he got the idea of taking the photograph from seeing the previous one. There is no copyright in an advertisement slogan (although it may be possible to register such a slogan as a Trade Mark ), nor is there copyright in the name of a horse selected as a probable winner. It has been held2 that a play could not be the subject of copyright because it contained nothing original, it being founded on nothing more than the stock elements of melodrama, but an old subject or common idea, if given a new or original treatment, will be protected. The skill and labour necessary may consist in the compilation of dictionaries and directories and maps, and even in the mere preparation of lists, provided such lists convey useful information. There may be copyright in notes to a non-copyright text if knowledge, skill and taste are employed in their preparation, and a selection of non-copyright poems which can only be made as a result of a careful reading, study and comparison and the exercise of taste and judgment, is entitled to copyright. Similarly, an arrangement of old music may be entitled to copyright. The name or title of a book, play or film is not generally the subject matter of copyright, unless it is of such length as to constitute a literary composition ; it is, however, wrongful to misrepresent to the public the authorship of a work by using a title similar to one identified with another work. Such wrongful use may give the right to damages for " passing off," and it has been held3 that the owner of a copyright work is entitled to prevent any person from " passing off " as a film version of that work, something which is not in fact a film version of it. Works protected by Copyright Iyiterarv work covers work which is expressed in print or writing, irrespective of whether the quality or style is high, and the words are used in the sense of written or printed matter, but, of course, a mere collection of words, which is not a compilation and the collection of which has not involved any literary skill, is not entitled to copyright. Copyright in dramatic works subsists, not only in the actual words, but also in the dramatic incidents created, so that there may be an infringement even though no words are actually copied. There can be no copyright in a mere scenic effect or stage situation or gag, which is not reduced into some permanent form, hut a piece for recitation, choreographic work, or entertainment in dumb show, the scenic arrangement of which is fixed in writing or otherwise, is protected. A kinematograph film is protected as a dramatic