Types of work that qualify as copyright works

11.15.2 Types of work that qualify as copyright works

There are nine types of copyright work. These are: original literary, dramatic, musical or artistic works; and sound recordings, films, television and sound broadcasts, cable programmes and the typographical layout of published works.

䊉 Literary works . Almost any words written down or recorded will qualify as

a literary work; there is no requirement of quality. Timetables and lists therefore qualify, as do TV schedules (although the Broadcasting Act 1990 stipulates that they must be made available to other publishers at least 2 weeks in advance if a fee is paid). There must be some degree of skill and labour in the production of the work for it to be protected; therefore individual words and some phrases are too short to attract copyright (e.g.

a ‘made-up’ company name such as Exxon). Computer programs are protected as literary works. 䊉 Dramatic works . These include plays, choreographed work, mimes, and scenarios and scripts for films. Programme formats can be so protected, but they have to have sufficient distinctive features to qualify for protection. In Green v. New Zealand Broadcasting Co., it was decided that Opportunity Knocks , essentially a talent contest judged through audience reaction, was too general a programme idea to qualify for copyright protection. The basic idea behind most quizzes and game shows would be

Managing in the Media

unlikely to be protectable as a dramatic work, but a more detailed treatment of the programme format, including its different stages and unique characteristics, might be. To be protected, it is necessary that the dramatic work must be recorded in appropriate form. It has recently been held that it is enough if the work has been recorded on film.

䊉 Musical works . To attract copyright protection, these need to be written down. Lyrics are separate literary works. Great care has to be taken when

there is arguably multiple authorship; it is easier if ownership of joint compositions is governed by some prior agreement.

䊉 Artistic works . These include paintings, drawings, sculpture and photo- graphs. To qualify, skill and labour must have gone into their production,

but there is no quality requirement. 䊉 Films . Copyright in films has recently undergone a major upheaval. There

were previously separate copyrights for the sounds and the pictures, but the film soundtrack is now to be treated as part of the film itself. Copyright has also been changed in a way that partially reflects a film’s status as an artistic work rather than just a financial interest. Although overall copyright still belongs to the producer, the duration of the right is now linked to the life spans of the director and the writers of the screenplay, music and dialogue. Although a film is now the subject of a single copyright, it is the product of a number of people’s work, all of whom have a separate copyright in that work. It is up to the producer to make the necessary arrangements to obtain the necessary copyright to use these elements through the contracts that commission the work.

䊉 Others . These exist to protect the financial interests of those responsible for them, and exist in addition to other copyright interests. For example,

copyright in a sound recording is separate to copyright in either music or lyrics. Copyright in a broadcast is separate to copyright in the material broadcast; the broadcast of a live sporting event will attract copyright in the broadcast only, but the broadcast of a pre-recorded programme might involve copyright in the music, the story, the script, the sets, the music, the film itself and the broadcast. There may also be performing and moral rights at issue (see below).