2 passages from 1 case, grouped by point of law. Each passage is in the court's own words and links to the place in the judgment.
Open in the Research toolWhat is clear from section 2 of the Copyright Act 2005 is that “ideas, concepts, procedures, methods or other things of a similar nature” cannot be the subject of copyright protection. This section needs to be interpreted for the purposes of this case.
PEARSON EDUCATION LIMITED vs. MORGAN ADZEI Suit No. CIVIL APPEAL NO. J4/17/2010 [2026] SLR (SC) 32 · Supreme Court · 2011 · DATE-BAH JSC
Read it in the judgmentThus, if a novel were couched in different vocabulary, reproducing all its ideas, thoughts, plots and action, but without replicating any of its original language or style, I do not consider that this would come within the ambit of the exclusion in section 2, although there would have been a copying of only its ideas and not its expression. In other words, the copying of the detailed substance of a literary work, without its particular linguistic or other form of expression, can constitute an infringement of copyright. In my view, what is intended to be included in section 2 are general ideas, concepts, procedures, and methods only, and not a detailed pattern of ideas. This is because of the reason earlier stated, namely that that detailed pattern can be regarded as constituting expression. The distinction between a general idea and a detailed sequence of ideas is therefore highly significant in this context.
PEARSON EDUCATION LIMITED vs. MORGAN ADZEI Suit No. CIVIL APPEAL NO. J4/17/2010 [2026] SLR (SC) 32 · Supreme Court · 2011 · DATE-BAH JSC
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