As some IPKat readers might know, I am now a lecturer in IP law at the University of Southampton. My students and I are just about to conclude the copyright part of the course, ie that moment where all the various copyright issues (should) finally look linked together under the infringement umbrella.
I was looking for some texts/tables that would make clear enough to my students that infringement is not just about derivation and the taking of the whole or a substantial part of a work as per s16 of the Copyright Designs and Patents Act (CDPA). Infringement involves broader considerations, including whether the original work is protected by copyright in the first place, whether there was a licence and what scope this had, whether any defences could apply and, if so, whether the dealing with the original work might be considered fair, etc.
I have been unable to locate any texts/tables that would provide such an overview and bring single topics together in a schematic way [do readers have any suggestions?].
This is why I thought of creating my own personal Copyright Infringement Checklist, ie a list of aspects one should consider when dealing with issues of alleged infringement under UK law. It is by no means authoritative (this is why I named it after myself -- so it was not just out of personal vanity). I thought of sharing it with IP students and trainees who may want to take a look at it. Of course, any suggestions to improve it are more than welcome.