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Words: 1,692 | Submitted: Sat Apr 26 2008
... are identical in order to constitute infringement. But Copyright is only infringed where another person copies the whole work or a substantial part of the work. It is clearly stated under S16 (3) (a) of CDPA 1988 that, infringement may be constituted as much by the doing of an act in relation to a substantial part of a work as by the doing of such acts in relation to the whole of the work. In another words, it is dispensable that the whole copyright work should be taken by the infringer. This is later affirmed in Warwick Film Production Ltd v Eisinger4 which suggested that there will be no infringement if what is done in relation to an insubstantial part. As a result, where the whole work is not copied, the requirement is that a substantial part has been copied. What constitute a substantial part is debatable and it is readily ...
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