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Catalyst News
August
2007
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Catalyst News and Views from AnnA
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Welcome to the latest news, tips and tools from the creativity
and personal development worlds. This issue there is perhaps
more on the personal development front as I know you creative
types are still dreaming of those days on the beach, so here
goes with some resources to get you up and engaged. For those
wanting to contribute to a more peaceful word there is news of a
great new website which has the most beautiful free and
inspirational ecards that I have seen, and with so much violence
in the news at the moment we could all use a space for
contemplation of what we need to nurture our spirits and souls
as well as our bodies. The creativity coffee break will
hopefully offer you some ideas to get you engaged with your own
writing now that we are moving into the cooler days of autumn,
time to put down the secateurs and pick up the pen? If you are
writing, then check out the piece on copyright, and remember I
am offering only general guidance, so for your specific
copyright issues do consult a professional. To your continuing
growth and creativity - AnnA
IN THIS ISSUE:
- Can You Copyright An Idea?
- Encouraging Words x 3
- The Peace Portal
- Creativity Coffee Break
CAN YOU COPYRIGHT AN IDEA?
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For most first-time writers the issue of copyright can be the
first thing they think of, rather than of what they are writing
they are worried about who might want to copy their work.
Guidance of what infringes copyright can be found in reference
books such as the Writers' & Artists' Year Book, but the recent
court case involving Dan Brown, author of the Da Vinci code, has
raised the issue again. It is clear that there is a grey area
between what amounts to infringement as opposed to merely
inspiration - it is all a question of degree.
Although the Court of Appeal recently confirmed that The Da
Vinci Code does not infringe the copyright in an earlier work,
The Holy Blood and the Holy Grail by Michael Baigent and Richard
Leigh,it does appear to uphold the commonly cited (if somewhat
generalised) premise that 'copyright protects expression, not
ideas'. Their claim was not based upon direct copying of their
text, as they did acknowledge that they could not claim
copyright solely in the ideas or theories in their book. What
they did claim was that it was their belief that Brown had taken
the 'central theme' of their book, which amounted to some 15 key
elements of it.
Their claim was denied, but it can be dangerous to over-simplify
this principle. Authors and publishers (as well as creatives in
other media) still need to be cautious about the extent to which
they take inspiration from existing copyright works. On the one
hand, it is beyond doubt that copying a substantial part of the
text of a literary work can constitute copyright infringement.
On the other, it is clear that the adoption of pure ideas will
not amount to copyright infringement. However, as Da Vinci and
the other cases on this area of law demonstrate, it can be a
very difficult task to define the boundary between the mere
taking of general concepts and ideas, and copying in the
copyright sense.
Their claim failed on several grounds. Critically, the Court
held that the central theme itself was not genuine, but was an
'artificial contrivance' created for the purpose of asserting
infringement. The Court of Appeal upheld the decision in the
High Court and clarified certain issues arising from the High
Court judgment, including that the question at hand was not
whether the central theme itself qualified for protection as a
copyright work, but whether the central theme (if it existed)
was itself a substantial part of HBHG. The Court of Appeal also
gave some useful guidance in a more general copyright
infringement context. It is summarised here below and you might
find it useful to refer to:
1. What were the similarities between the alleged infringing
work and the original copyright work?
2. What access, direct or indirect, did the author of the
alleged infringing work have to the original copyright work?
3. Did the author of the alleged infringing work make some use
in his work of material derived by him, directly or indirectly,
from the original work?
4. If the defendant contends that no such use is made, what is
his explanation for the similarities between the alleged
infringing work and the original copyright work? Are they
coincidental or similar sources?
5. If use was made of the original copyright work, did the use
amount in all the circumstances to a substantial part of the
original work?
6. What are the factors which justify evaluating the part copied
in the alleged infringing work as a substantial part?
Although the Court of Appeal was hesitant to leave the door wide
open to future copyright claims in relation solely to 'ideas' or
'themes', it specifically confirmed that the original elements
in the plot of a play or a novel can constitute a substantial
part of a work so that copyright may be infringed by a work that
does not reproduce a single sentence of the original.
Consequently, if the claimants' central theme had been a
combination of features from Holy Blood and the Holy Grail that
were sufficiently clear and linked so as to correspond to the
original elements in the plot of a play or a novel, the decision
might have been different.
What is clear from the Court of Appeal judgment in Da Vinci is
that (in the absence of literal copying of text) to be protected
by copyright, the expression of the idea in the claimant's work
will need to be sufficiently clear and developed to be easily
identifiable in the defendant's work. The key element of the
claimants' failure in Da Vinci was the inability to clearly
express a genuine central theme and architecture connecting the
points of that theme.
So, it would appear that copyright protection is available for
concepts more abstract than those expressed in text - or in
other words, ideas.
ENCOURAGMENT X 3
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First, you may think that only J K Rowling is selling in the
millions, but don't despair there are quite a few others out
there for you to aspire to with your next book. US thriller
writer Dean Koontz is published in 38 languages and sold 325
million copies of his books to date. Even better, his publishers
estimate his sales to increase by 17 million each year. So does
that encourage to keep writing?
Secondly, a site that I subscribe to for some daily inspiration,
and usually also makes me smile, comes from 'The Universe' and
had this quote recently. "The number one reason most people
don't start what they want to start, is because they think their
simple, little efforts won't even dent the mountain they wish to
move. But little do they know, that's exactly how the mountain
was formed. I was there." In other words, stop procrastinating
and start acting - more wit and wisdom at www.Tut.com and if you
want to know more about to give up procrastination, visit my
website for my new book at www.catalystonline.co.uk
Thirdly, it's good to know that some Hollywood actors think
about more than just their next movie role. Leonardo DiCaprio is
both the narrator and producer of the new documentary film "The
11th Hour" which examines the state of the global environment.
None of us can avoid thinking about the impact of the changing
conditions on our planet, and here with the help of over fifty
of the world's most prominent thinkers, scientists and activists
the film documents the serious problems facing the planet's life
systems. View it for yourself at by clicking here http://wip.warnerbros.com/11thhour/
THE PEACE PORTAL - cards and an art competition
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Peace is something we all aspire to, and The Peace Portal is a
website which has an eclectic group of members including a
number of Sufis from various orders, a Rabbi, a Shaman, a Druid,
assorted Ministers, several people from occupied Palestine, a
young man in the Israeli Defence Force, representatives of the
Department of Peace and numerous international peace lovers
throughout the world, and yours truly. The aim of the site is to
link people who are concerned to make peace part of their daily
lives, and one amazing bonus on the site which has an amazing
collection of videos, photos, blogs, forums and groups, is a
great collection of FREE ecards which are truly beautiful. If
you would like to know more about their aims, or send a peaceful
greeting to someone then click here http://peaceportal.ning.com
CREATIVE COFFEE BREAK EXERCISES
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As there has been a theme of peace and the environment in this
issue, how would it be to create a day in an ideal world? Either
in words, or pictures, imagine what for you would be that
perfect day in the world as you would most like to see it.
Let your imagination run free, and of course your ideal world
need not necessarily be planet earth or inhabited by human
beings. Try it and see where you end up!
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To find out more about AnnA's work, or to contact her,
visit her website: www.catalystonline.co.uk
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