Copyright: The Basics Of Subsistence
Sources of copyright Legislations
Sources of copyright Legislations
We will begin by understanding where the source on copyright is derived from and it is the Copyright Designs and Patents Act 1988 (CDPA). It is the CDPA that is the main legislation for both copyright and unregistered design rights.
The Purpose of the CDPA
The objective is to provide the owner of the copyright in a work the right to avoid a situation where others try to copy their work.
Areas of Work Guarded
An important point to highlight is that only these categories are safeguarded by copyright:
original literary works;
original dramatic works;
original musical works;
original artistic works;
films/sound recordings/broadcasts; and
typographical arrangements of published editions.
As this is a closed list any works that cannot be found in any one of the categories will not be covered by copyright. For this reason it is important to decide what (if any), category a given work falls within as the first step of addressing any subject on copy right.
Criteria Required For Copyright Protection
When assessing any copyright matter it is necessary to take into account that the work in question must suit certain criteria so that it can enjoy copyright protection.
The criterion varies in line with the category:
Some but not all works should be fixed
In most cases the works have to be original.
It must qualify for protection under UK legislation.
After establishing that a work meets the aforementioned criterion, the next step would be to exclude the risk of copyright expiration after which the final step at this point of establishing the subsistence of copyright, is to consider length of time.
Subsistence: Works and the Criteria for Protection
Work
When assessing copyright the first step should be to identify the "work" because without knowing what the work is you cant really address the copyright. It is usual for a single work to incorporate various different works.
S.1(1) CDPA CDPAstipulates the works protected as well as the sections following, case law and section 1(1). (up to section 8.) offers a bit of guidance on works mentioned in s.1(1).
The s. 3 definition includes computer software and databases. Examples of works which have been held to be literary works are exam paperwork, application forms, calendars, catalogues and lists of football fixtures.
Database is defined in s. 3A: Note how wide the meaning is. It is the "selection or arrangement of the contents" of a database which counts as being a literary work, not its content, unless an item of content happens to qualify as a work in its own right. If the content does not comprise works, it may be protected by database right instead.
Dramatic works: section 1(1a) and section 3:
The definition for dramatic works found in s.3(1): is more of a clarification that dance and mime fit into this category rather than a real definition of what dramatic works are. However, looking at case law it can be undersood that dramatic works are a "work of action, with or without words or music" which has to be performed for its whole realisation, ergo it is capable of being performed before an audience.
In order to make this point clear remember that, the script for a play on its own can be defined as a literary work, however the production of that same play performed on stage will be a dramatic work.
Musical works: s. 1 (1)(a)and s. 3
An example of a musical work is the tune for a song (on the other hand,
note the lyrics usually are not inclusive, as these are a different literary work).
Artistic works: s. 1(1)(a) and s. 4
The scope of artistic work in section section 4(1) is fixed to the following 3 categories:
a) Section 4(1)(a): graphic works, photographs, sculptures and collages
In spite of artistic value: graphic works, photographs, sculptures and collages all qualify as works. For instance diagrams, maps, charts and plans and so on are graphic works,even if they have little or no artistic value and were not intended to be artistic as at when created.
Photograph is defined by the CDPA to consider new technologies as they develop.
There is no definition for sculpture as such having said that there exists a useful guide defining sculptures as a 3d work made by an artists hand
There is no definition for a collage however, based on case law for a collage to exist it is required that all the various elements be stuck with each other.
b) Section 4(1)(b): works of architecture (which include models)
Fixed structures, parts of fixed structures the models made for buildings prior to them been built are evident category.
Even so architectural drawings are separately protected as artistic works so a building manufactured by an architect, such as the Beetham building Manchester has multiple protection.
c) Section 4(1)(c): works of artistic craftsmanship
This category contains items for instance furniture, fine jewellery, ceramics and appliqud quilts.
It has been held that such a work must:
have some visual appeal (be artistic); and
be made by a craftsperson (someone who exercises skill for making it and takes satisfaction in his workmanship).
Sound recordings, films and broadcasts: ss. 5A, 5B and 6
These are sometimes referred to as secondary works as there will be at least one underlying literary, dramatic or musical work. As an illustration ,a physical object will often contain multiple works, e. g. a CD (sound recording) of a symphony (musical work).
The typographical arrangement of published editions: s. 1(1)(c) and s. 8
This can be defined as the layout and typesetting of a book, newspaper, journal etc. which qualifies as a published edition of (a fresh edition of a book isn't created by just basically reprinting that same book. It is important to note that the typographical arrangement is a work in its own right, distinguished from the underlying literary work.
This point can be understood by comparing two different editions of the same classic novel close examination will emphasize many differences in details like the physical appearance of the written text on the page page size, margins, paragraph spacing, typeface, type size, placement of page figures, headers etc.
by: Van Casey
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