Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Layout copyright

  • 3 Feb 1997

    ORIENTAL SUNDAY PUBLISHER LTD. v. APPLE DAILY LTD.

    Citation
    ORIENTAL SUNDAY PUBLISHER LTD. v. APPLE DAILY LTD.
    Court
    Court of First Instance
    Case number
    HCA952/1997

    The court held that the Defendant infringed the Plaintiffs' copyright in the processed/digitised and selected photograph as published on the Oriental Sunday front cover and in the magazine layout (including the title layout), because the digitised enlargement involved selection and sufficient originality; characters alone were not protected but the overall layout was; therefore injunctive relief was appropriate and damages were reserved.

  • 3 Feb 1997

    ORIENTAL PRESS GROUP LTD. v. APPLE DAILY LTD.

    Citation
    ORIENTAL PRESS GROUP LTD. v. APPLE DAILY LTD.
    Court
    Court of First Instance
    Case number
    HCA12063/1996

    The processed photograph published by the Plaintiffs (digitised, enlarged and selected) attracted its own copyright distinct from the original negative; the Defendant's reproduction of the magazine cover photograph and the magazine layouts (including the title/layout) infringed those copyrights; originality was present in the processed image and the layout; accordingly an injunction was warranted and damages were reserved for later assessment.