| The Court of Appeal in the case of Nova Productions | | | | in the sequence of frames. It was also alleged that the |
| Ltd v Mazooma Games Ltd; Nova Productions Ltd v | | | | other similar features of the game were "literary |
| Bell Fruit Games Ltd [2007] has ruled that producing a | | | | works", also protected by copyright. The claim to |
| computer program which emulates another program, | | | | artistic copyright was in respect of the visual |
| without actually copying that program's code or | | | | appearance of 'Pocket Money', whereas the claim to |
| graphics, does not breach copyright laws. The case is | | | | literary copyright was in respect of the software code |
| likely to be of immense interest (and of potential | | | | and preparatory design material for the software. |
| concern) to software developers as well as the | | | | The Court of Appeal held that copyright must not be |
| owners of copyright in computer programs. | | | | used to stifle the creation of individual works which are |
| Commentators believe that the purpose of the case is | | | | actually very different. But as well as its general |
| to act as a reminder that it is not, and should not, be an | | | | importance in affirming the scope of copyright |
| infringement of copyright simply to use ideas that are | | | | protection, the decision is particularly important in |
| expressed in a copyright work. Lord Justice Jacob's | | | | relation to two specific points covered in the appeal: |
| conclusion that this would turn copyright into an | | | | § Whether in assessing the artistic quality of a |
| instrument of oppression, rather than a means of | | | | drawing that forms part of a series of stills, such as in |
| encouraging creativity, is to be very much welcomed. | | | | a cartoon, the differences between the stills can be |
| The claimant, Nova Productions, had created a | | | | taken into account as part of the graphical quality. The |
| pool-based computer game called 'Pocket Money'. | | | | court held that a series of drawings is simply a series |
| Nova alleged that Mazooma Games and Bell Fruit | | | | of graphic works, and that by putting together a series |
| Games - both were also games producers - had | | | | of still images an additional copyright work or |
| come up with very similar pool games, 'Jackpot Pool' | | | | protection above and beyond the still images is not |
| and 'Trick Shot'. Both games contained ideas and | | | | created. |
| functionality similar to those in 'Pocket Money'. Nova did | | | | § The Court of Appeal has affirmed the principle |
| not suggest that either of the defendants had directly | | | | established in Navitaire v Easyjet, that there is no |
| copied the software code of 'Pocket Money'. The High | | | | infringement of copyright in a computer code based on |
| Court accepted that some parts of the games may | | | | similarities in the visual outputs from this code. In |
| have been "inspired by" Nova, and so held there was | | | | determining whether literary copyright in a computer |
| no copyright infringement. | | | | code has been infringed this has to be based on |
| Nova appealed on the grounds that the animation | | | | careful analysis of whether the code itself has been |
| sequences used in 'Pocket Money' amounted to | | | | copied, rather than an analysis of whether there is any |
| "artistic works" and there would therefore be copyright | | | | visual similarity in the outputs of that program. |