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Intellectual Property Law

Intellectual Property Law (6th edn)

Lionel Bently, Brad Sherman, Dev Gangjee, and Phillip Johnson
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date: 30 September 2023

p. 984. Criteria For Protectionlocked

p. 984. Criteria For Protectionlocked

  • L. Bently,
  • B. Sherman,
  • D. Gangjee
  •  and P. Johnson


This chapter examines the criteria used to determine whether a work is to be protected by copyright. More specifically, it considers the requirements for copyright protection: the work must be recorded in a material form; must be ‘original’; should be sufficiently connected to the UK to qualify for protection under UK law; and should not be excluded from protection on public policy grounds. There is discussion of the traditional British conception of originality, harmonization of ‘originality’ in Europe, analysis of differences between British and European standards on originality, and the issue of whether the UK can—and does—protect non-original works. The chapter concludes by focusing on subject matter excluded from copyright protection.

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