Analysis Of Bakti Vs. Aarty And Dalang
Bakti vs Aarty & Dalang
Dalang, who is an East Malaysia registered political party, employed Aarty to design for their website. Due to the general election is around the corner, Aarty decide to use one hundred percent (100%) of the manifesto which actually make for Bakti as Dalang’s manifesto. They also reused twenty five percent (25%) of the Bakti’s advertising campaign’s material for Dalang’s website as this was a last minute job.
Direct infringement
There are three components to be present for any direct infringement in a work of copyright: -
i. That there is enough objective similarity between the original work and the infringing work; ii. That there is a causal link between the original work and the infringing work; and iii. That the part that was infringed was a substantial part of the original work.
(i) Objective test
Objective test is use …show more content…
Even only 25% of materials are used but it is enough to be considered as violence the substantial part of work in the copyright infringement. The infringing materials are established that the plaintiff’s advertising campaign is without any modification or paraphrase in the structure.
Test
The test as to what constitutes a ‘substantial part’of a work was laid down in three (3) parts by Ricketson’s book, The Law of Intellectual Property (Sydney 1984) paras 9.10-9.14. They are starting off as follows:-
(i) Whether a substantial amount of skill and efforts was spent on the creation part that was taken, and if the answer is yes and the physical amount is minor, then that part that was taken is considered to be substantial.
(ii) Whether the defendant took the part that he put for same motive and for the same use as the plaintiff; and
(iii) Whether the part that the defendant has used to compete or interferes with the sales of plaintiff’s original
Dalang, who is an East Malaysia registered political party, employed Aarty to design for their website. Due to the general election is around the corner, Aarty decide to use one hundred percent (100%) of the manifesto which actually make for Bakti as Dalang’s manifesto. They also reused twenty five percent (25%) of the Bakti’s advertising campaign’s material for Dalang’s website as this was a last minute job.
Direct infringement
There are three components to be present for any direct infringement in a work of copyright: -
i. That there is enough objective similarity between the original work and the infringing work; ii. That there is a causal link between the original work and the infringing work; and iii. That the part that was infringed was a substantial part of the original work.
(i) Objective test
Objective test is use …show more content…
Even only 25% of materials are used but it is enough to be considered as violence the substantial part of work in the copyright infringement. The infringing materials are established that the plaintiff’s advertising campaign is without any modification or paraphrase in the structure.
Test
The test as to what constitutes a ‘substantial part’of a work was laid down in three (3) parts by Ricketson’s book, The Law of Intellectual Property (Sydney 1984) paras 9.10-9.14. They are starting off as follows:-
(i) Whether a substantial amount of skill and efforts was spent on the creation part that was taken, and if the answer is yes and the physical amount is minor, then that part that was taken is considered to be substantial.
(ii) Whether the defendant took the part that he put for same motive and for the same use as the plaintiff; and
(iii) Whether the part that the defendant has used to compete or interferes with the sales of plaintiff’s original