University of London Press v University Tutorial Press
Chancery Division
1916
Peterson J
[1916] 2 Ch 601
Copyright • Literary Work
~6 min
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PRIMARY_KEYWORDS: University of London Press v University Tutorial Press, literary work, exam papers
SECONDARY_KEYWORDS: UK Copyright Act 1911, originality, Chancery Division
Quick Summary
This case asks a simple question: Are examination papers “literary works”? The court said yes. It explained that “literary work” is broad. It does not require fancy language or high style. If examiners use skill, choice, and judgment to write questions, the papers are original works and can be protected by copyright. By assignment, the University of London held the rights.
Issues
- Do examination papers fall within “literary works” under the Copyright Act 1911?
- Is the University of London entitled to the copyright in those papers?
Rules
- No closed list: The 1911 Act gives examples, not a strict definition, of “literary work.”
- Any written matter: Writing that shows skill and judgment may qualify, even if it is not “literature.”
- Originality: Independent intellectual effort—selection and arrangement—can be enough.
Facts (Timeline)
Appointment: The University engaged Prof. Lodge and Mr. Jackson as examiners on terms that copyright in exam papers would belong to the University of London.
Assignment: A copyright deed (via University of London Press) confirmed the arrangement.
Publication: After the exams, University Tutorial Press published the question papers with critiques and answer keys.
Claim: The University of London sued University Tutorial Press and the examiners for copyright infringement.
Arguments
Plaintiff (University of London)
- Exam papers involve skill and judgment; they are original literary works.
- By assignment, the University holds copyright in the papers.
- Defendant’s publication used the papers without permission.
Defendant (University Tutorial Press)
- Exam papers are not “literary works” in the sense of literature.
- Even if protected, the University is not the proper owner.
- Publication served academic purposes with commentary.
Judgment
Held: Examination papers are literary works. The court said quality or style does not matter; what matters is original skill and judgment. The examiners were authors, and through the assignment with the University, the University of London owned the copyright. The claim succeeded.
Ratio (Core Reason)
“Literary work” under the 1911 Act is broad. Any written material that shows independent selection, organization, and judgment can qualify. Exam papers meet this test because they are crafted to assess learning, not copied from elsewhere.
Why It Matters
- Teaches that copyright protects functional academic writing, not just artful prose.
- Shows how assignments transfer rights from authors to institutions.
- A classic citation for the low threshold of originality in UK law.
Key Takeaways
- Broad category: Literary work covers many forms of writing.
- Style not required: Elegance is not needed; originality is.
- Examiners are authors: Their skill and judgment create protectable content.
- Ownership can shift: Assignments can place rights with the University.
Mnemonic + 3-Step Hook
Mnemonic: E.X.A.M.
- Everyday writing can be protected.
- X-factor is originality, not style.
- Authors are examiners.
- Move rights via assignment.
3-Step Hook
- Ask: Is it written and original?
- Check: Who is the author?
- Confirm: Was copyright assigned?
IRAC Outline
| Issue | Are exam papers “literary works,” and does the University own the copyright? |
|---|---|
| Rule | Under the 1911 Act, literary work is broad; originality through skill and judgment is sufficient; rights may be assigned. |
| Application | Examiners used selection and judgment to craft questions; papers are original; assignment vested ownership in the University. |
| Conclusion | Exam papers are literary works; copyright belongs to the University via assignment. |
Glossary
- Literary Work
- Any written material that shows original skill and judgment.
- Originality
- Independent effort—choice and arrangement by the author.
- Assignment
- Transfer of copyright from author to another person or institution.
FAQs
Exam papers are literary works; copyright exists and can be assigned to the University.
No. The work need not be artistic. Simple, functional writing can qualify if original.
The examiners who draft the questions are authors because they use selection and judgment.
Through a copyright assignment linked with the University of London Press.
The UK Copyright Act 1911 guided the court’s approach to literary works and originality.
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