Checklist · Intellectual Property — Patents, Trade Marks, Copyright, Designs
Copyright subsistence, ownership and overlap comparison
Side-by-side comparison of two works against subsistence, ownership and the exclusive rights in the Copyright Act. It records overlap. It does not plead infringement.
- Kind
- Checklist. Steps or checks to work through and tick off.
- Where it applies
- Commonwealth
- AI use
- Yellow You and the tool draft together, with you directing. You check every statement you rely on.
- Law stated as at
- 22 October 2026
- Status
- Maintained. Checked on 22 October 2026 against the 4 authorities it cites, for Commonwealth.
- Version
- 1
- Source
- Written for this library
When to use it
Use when comparing two literary, dramatic, musical or artistic works before any letter of demand or pleading is settled.
Used for these tasks
Each task page says how far AI may help with the task and what the lawyer must review.
How AI may be used
The tool puts the lawyer's excerpts into the table and leaves every subsistence, ownership and infringement conclusion for the lawyer.
AI may
- Place short excerpts the lawyer has marked, with source and page, into the comparison rows.
- List which section 31 acts the lawyer has ticked as in issue.
AI must not
- Do not say that copyright subsists, who owns it, or that it has been infringed.
- Do not draft particulars, a statement of claim or a letter of demand.
- Do not treat an AI-generated excerpt as a substitute for the work.
The lawyer checks
- Read sections 32, 31, 35 and 36 against the works, including the connecting factors for a published work.
- Check whether an agreement excludes or modifies section 35(4), (5) or (6), as section 35(3) allows.
- If authorisation is alleged, apply the matters in section 36(1A).
Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.
Read the full text
The full text is available after you log in. It is free. When you log in you can:
- read the whole precedent, with its drafting notes beside it;
- copy it, or download it as a Word file or Markdown;
- add it to your firm’s knowledge base, so colleagues can find it;
- let the AI tools you connect read it from that knowledge base.
The summary, the law it rests on and the AI-use guidance above stay public. Privacy.
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All precedents for Intellectual Property — Patents, Trade Marks, Copyright, Designs · Tasks and AI use in this area