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The courts have held that substantiality is to be judged by looking at the skill, labour and expertise that went into the specific bits of code which are alleged to have been infringed.
It is not a question of whether the system would work without that piece of code, or the amount of use the system makes of the code.
The terms of any such licence should deal with the following issues: Out-Law Legal Update A stamp duty land tax (SDLT) anti avoidance provision applied to a series of transactions which included a sale of units in a Guernsey property unit trust (GPUT) and did not require a tax avoidance motive, the first tier tribunal has decided in a case involving Hannover Leasing.
The anti avoidance provision in question, section 75A of Finance Act 2003, can increase the SDLT liability where a number of transactions are involved and less SDLT is payable than if the purchaser had just acquired the property directly from the seller.
As a result, there can be copyright infringement even if the actual code copied amounts to a very small percentage of the total software code in the program. The duration of copyright protection depends on the nature of the protected work.
The position can be summarised as follows: Note that database rights expire 15 years from the date the database was made or, if published, 15 years from the date of publication, although this time period is revived when "substantial" changes are made to the database. Copyright is a property right which, like rights in physical property, can be bought or sold, inherited or otherwise transferred, either wholly or in part.
In addition a person may commit a secondary infringement of copyright if, among other things, they import into the UK, possess, sell or distribute an article which they know or have reason to believe is an infringing copy.
This is not essential in the UK , but may assist a copyright owner in the event of infringement proceedings.
It will also be necessary if a copyright owner wishes to enforce his or her copyright in certain foreign countries. Copyright allows the owner, and the owner alone, to copy, issue copies, rent or lend, perform, show, play, communicate or adapt the copyright work.
They will not be original if they have been copied. Even if two works are almost identical they will still be original if they have been created by their respective authors independently of each other.
Sound recordings, films and published editions do not have to be original but they will not attract copyright if they have been copied from existing sound recordings, films and published editions.
A copyright notice on a website will often set out what you can and can't do with the material on that site.