The Pros And Cons Of Copyright Law

1. INTRODUCTION

The law relating to breach of confidence has evolved over the years as a common law principle. While it has not gained statutory application, precedents have elaborated the scope and recognised the law relating to breach of confidence on a case to case basis. Laws on copyright have been codified in the Copyrights, Designs and Patents Act 1988 hereafter referred to as “CDPA 1988”. The laws on copyright have evolved over the years and the debate exists on their interface with the law relating to breach of confidence.

2. ISSUE

Whether there exists remedies under copyright law for disclosure of confidential information.

3. BREACH OF CONFIDENCE – LEGAL POSITION

3.1 Breach of confidence is the breach of a legal or contractual

The essential function of a copyright is to protect the expression of an idea or a plot. The law gives the creators of literary, dramatic, musical, artistic works, sound recordings, broadcasts, films and typographical arrangement of published editions, rights to control the ways in which their material may be used. The rights cover broadcast and public performance, copying, adapting, issuing, renting and lending copies to the public. In many cases, the creator will also have the right to be identified as the author and to object to distortions of his work. Remedies for copyright infringement lie in both civil and criminal action; the former has been more prominent throughout the invention of the copyright law while the latter has been a fairly new

V Builders Supply Company (Hayes) Ltd as the doctrine of springboard, where a person who has obtained information against confidence is not be allowed to use the same information to enrich their position to a state which otherwise would not have existed. On a similar line the infringer could gain an unfair economic position upon breach of Section 107(e).

5.5 Section 107(2A) provides against infringement of copyright which could seem similar to a breach of confidence. Communication of information is the point of intersection between the statute and the common law principle. The section also provides that, upon disclosure of copyrighted information, where such disclosure could prejudicially affect the owner of copyright would give rise to an actionable claim. The effect can be translated into unjust enrichment of/or economic benefit to, the infringer.

5.6 While Section 107 is dependent on the distribution of such copyrighted information, Section 107 (2A) provides for a wider scope which gives rise to a claim upon the communication of copyrighted work to the public. Communication of such information gives rise to an infringement of copyright, which is comparative to the duty to protect information arising out of an obligation of confidence, where confidential information is not to be communicated to anyone except the parties upon whom the obligation of confidence is