Information Technology Law - Copyright in Personal computer Programs Copyright Law
The Court of Appeal in the case of Nova Productions Ltd v Mazooma Games Ltd; Nova Productions Ltd v Bell Fruit Games Ltd [2007] has ruled that creating a computer system plan which emulates a further plan, with out essentially copying that program's code or graphics, does not breach copyright laws. The case is most likely to be of immense interest (and of potential concern) to computer software developers also as the owners of copyright in computer programs.
Commentators believe that the objective from the case is always to act as a reminder that it's not, and shouldn't, be an infringement of copyright basically to make use of concepts which can be expressed within a copyright work. Lord Justice Jacob's conclusion that this would turn copyright into an instrument of oppression, as opposed to a means of encouraging creativity, should be to be very much welcomed.
The claimant, Nova Productions, had produced a pool-based computer game named 'Pocket Money'. Nova alleged that Mazooma Games and Bell Fruit Games - each have been also games producers - had come up with quite related pool games, 'Jackpot Pool' and 'Trick Shot'. Both games contained tips and functionality related to those in 'Pocket Money'. Nova did not suggest that either from the defendants had directly copied the software code of 'Pocket Money'. The High Court accepted that some components from the games may have been "inspired by" Nova, and so held there was no copyright infringement.
Nova appealed on the grounds that the animation sequences used in 'Pocket Money' amounted to "artistic works" and there would for that reason be copyright inside the sequence of frames. It was also alleged that the other related features of your game had been "literary works", also protected by copyright. The claim to artistic copyright was in respect with the visual look of 'Pocket Money', whereas the claim to literary copyright was in respect from the software program code and preparatory design material for the computer software.
The Court of Appeal held that copyright must not be used to stifle the creation of individual works that are essentially really different. But too as its general significance in affirming the scope of copyright protection, the decision is especially important in relation to two distinct points covered inside the appeal:
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