Is Copying a Lawyer's Draft Copyright Infringement?

2024 Supreme(US)(ca5) 212

The crux of this dispute hinges on whether Knight has engaged in “unauthorized copying” of CSA’s codes. See Peel & Co., 238 F.3d at 394. ... Douglas, Circuit Judge, dissenting: I agree with the majority that the crux of this dispute hinges on whether Knight’s copying of Canadian law was permissible under our holding in Veeck v. ... But I disagree that Veeck’s holding on infringement is outcome determinative in this case. Although Veeck considered whether one party infring....

2024 Supreme(US)(ca5) 257

The crux of this dispute hinges on whether Knight has engaged in “unauthorized copying” of CSA’s codes. See Peel & Co., 238 F.3d at 394. ... Douglas, Circuit Judge, dissenting: I agree with the majority that the crux of this dispute hinges on whether Knight’s copying of Canadian law was permissible under our holding in Veeck v. ... But I disagree that Veeck’s holding on infringement is outcome determinative in this case. Although Veeck considered whether one party infring....

2024 Supreme(US)(ca11) 108

So we can proceed to the second copyright infringement element—copying. The copying element “comprises two subparts, ‘factual and legal copying,’ both of which Compulife, as the plaintiff, has the burden to prove.” Compulife I, 959 F.3d at 1301. ... Again, we already determined that Compulife established factual copying. Compulife I, 959 F.3d at 1302. Compulife’s appeal turns on the element of legal....

High Court Malaya Kuala Lumpur

Admal Sdn Bhd [2014] 1 MLRA 395; [2013] 6 MLJ 405; [2013] 9 CLJ 955 held that in determining whether there has been copying, it is not the amount of copying that is relevant but the quality of the copying. ... Whether or not there has been on infringement must be a matter of degree and, in the case of artistic work, the degree of resemblance is to be judged by the eye. ... His Lordship went on to state: "In order to determine whether an infringement ....

Jacob W further held that the required question that needed to be asked when considering originality was whether "what the copyist did went beyond mere servile copying?" ...     As stated above the judgment of the High Court is varied in relation to the finding that there has been no infringement of the Plaintiffs rights as there has been such infringement. ...     When considering the moral rights such as the right to object to the derogatory treatment of a work the main issue would be to consider w....

2023 0 Supreme(Bom) 1632

It is true to determine the question as to whether the alleged infringement to which the threat related was not, in fact, an infringement of any legal right of the person giving such threat, it is necessary to examine the claim of infringement. ... What is of salience is, whether the threat of legal proceeding or liability in relation to infringement of copyright is groundless. 38. Mr. ... whether such former suit is instituted befo....

Unless similarities exist, there is no arguable case of copying and an allegation of infringement should never get as far as legal proceedings, let alone a trial. The 1988 Act confers on the owner the exclusive right to copy the work either direct or indirectly (s 16). ... Meakin has recognised that the claim for infringement of artistic copyright is not appropriate, and he indicated some time ago that he would drop that claim. Although that is not in fact reflected in the 16 June 2010 draft of his amen....

High Court England and Wales

Unless similarities exist, there is no arguable case of copying and an allegation of infringement should never get as far as legal proceedings, let alone a trial. The 1988 Act confers on the owner the exclusive right to copy the work either direct or indirectly (s 16). ... Meakin has recognised that the claim for infringement of artistic copyright is not appropriate, and he indicated some time ago that he would drop that claim. Although that is not in fact reflected in the 16 June 2010 draft of his amen....

The offence does not require the prosecution to prove that the copying was carried out by the offender, as 'copying' is not a constituent ingredient of the offence. ... That is a reference to the 'copying' of the song from one media to another. ... Such copies had been made in infringement of the rights protected under Part II of the Act. ... Sections 11 to 13 confers exceptions with regard to copyright protection, namely copying for the purposes of fair use and copying following....

The offence does not require the prosecution to prove that the copying was carried out by the offender, as 'copying' is not a constituent ingredient of the offence. ... That is a reference to the 'copying' of the song from one media to another. ... Such copies had been made in infringement of the rights protected under Part II of the Act. ... Sections 11 to 13 confers exceptions with regard to copyright protection, namely copying for the purposes of fair use and copying following....

2019 0 Supreme(MP) 424

In Jain Dharma even the care has been taken that those idols which are very old and are deteriorating then their Jala Abhishek is also not performed so as to prevent further deterioration. Q. Whether there is any infringement of legal or constitutional right of women? The Abhishek is not an essential part of offering of God.

2019 0 Supreme(Del) 609

The Plaintiff has exclusive rights to reproduce the same in any form including the print or electronic form. In the present case, the Defendants have copied almost two full chapters of the Plaintiff's course work. Copying of even a small extract of the original work constitutes infringement. Thus, the Defendants are clearly guilty of infringing the Plaintiff's copyright.

2013 0 Supreme(Bom) 751

There is no copying or substantial copying of plaintiffs' work, hence, no question of any copyright infringement can arise. There is no copying or substantial copying of plaintiffs' work, hence, no question of any copyright infringement can arise. The defendants, alternatively, contend that the plaintiffs' film and the defendants' film are different. 6. It is, therefore, necessary to deal with the submissions as to whether the commercial film made by the defendants is a copy of the plaintiffs' film. The defendants, alternatively, contend that the plaintiff....

2011 0 Supreme(Del) 829

The judgment in Baker led to evolution of the "idea-expression merger" doctrine. Thus, when the use of an idea or procedure requires copying of a Plaintiff's expression, there is no copyright infringement. The Court reasoned that to get a monopoly in the method/procedure should require satisfying the stringent requirements of patent law. According to it (the idea-expression doctrine), when there is only one or there are very few ways of expressing a particular idea, then it (the expression) merges with the idea.

2007 0 Supreme(Bom) 1445

It is also once again alternatively submitted that what is to be compared is the 'whole' of the respective works and not part and if so compared, there is no copying or substantial copying.” The defendants, alternatively contend that the plaintiffs' film and the defendant's film are different. There is no copying or substantial copying of plaintiffs' work, hence, no question of any copyright infringement can arise.