Lord Kinloch said: ‘I think it clear that it will not create copyright in a new edition of a work, of which the copyright has expired, merely to make a few emendations of the text, or to add a few unimportant notes. To create a copyright by alterations of the text, these must be extensive and substantial, practically making a new book. With regard to notes, in like manner, they must exhibit an addition to the work which is not superficial or colourable, but imparts to the book a true and real value, over and above that belonging to the text.’
(1879) 9 Rettie 341
Cited – MacMlillan and Co Ltd v Cooper 1923
It is not the appropriation of the raw material that is at issue in copyright claims but the appropriation of another’s labour, skill and capital. Accordingly, Lord Atkinson said: ‘. . it is the product of the labour, skill, and capital of one man . .
Cited – Interlego AG v Tyco Industries Inc PC 5-May-1988
How much new material for new copyright
(Hong Kong) Toy building bricks were manufactured by Lego in accordance with engineering drawings made for that purpose. One issue was whether new drawings made since 1972, altering the original drawings in various minor respects but added new . .
Lists of cited by and citing cases may be incomplete.
Updated: 03 September 2021; Ref: scu.667569