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Self Publishing Versus Publishing House
Remedies for Copyright Infringement
Who can Claim Copyright Infringement?
Criminal Liability for Copyright Infringement
Can Ideas be Protected by Copyright?
Copyright for Freelance Writers
Copyright in Literary, Dramatic and Musical Works
Copyright in Sound Recordings and Films
Copyright in Published editions
Computer Generated Works Copyright
Copyright Protection for Software
Copyright Technological Protection Measures
Internet Service Providers Copyright Illegal Material
Defence of Fair Dealing in Copyright Law
Trade Marks Relative Grounds for Refusal
Defences to Trademark Infringement
Defences to Patent Infringement
Information Commissioner Data Protection Act Powers
Protection of Company Information
Data Protection Requirements for Business
Literary, dramatic and musical works are protected by copyright under the Copyright, Designs and Patents Act 1988.
The term “literary work” covers work, other than a dramatic or musical work, which is written, spoken or sung. The following types of work fall within the definition of literary work:
tables;
compilations (for example, dictionaries, directories, maps, road books and lists, although an individual map will be protected as an artistic work);
computer programs and preparatory designs for computer programmes (including source code although it is not currently clear whether programming languages are protected);
databases;
letters;
notes (for example headnotes to law reports).
For a literary work to benefit from copyright protection it must be expressed in print or writing or recorded in some other manner, for example on a tape recording.
There must also have been sufficient skill and labour in creating the work so as to make it original and useful. The Courts have previously held that a list of tours for travellers was protected by copyright since it would be of value to the travelling public. In contrast the Courts have held that an arrangement of timetables obtained from a common source was not protected by copyright since there was insufficient skill and labour in preparing it. Normally titles will not attract copyright protection.
The term “dramatic work” is used to refer to work of action, with or without words or music, which is capable of being performed before an audience.
The following types of work fall within the definition of dramatic work:
plays;
dances (although other elements of a dance may be protected by other areas of copyright, for example any accompanying music may be protected as a musical work);
mimes.
For a dramatic work to benefit from copyright protection it must be recorded writing or in some other manner and there must have been sufficient skill and labour in creating the work so as to make it original.
The term “musical work” is used to describe work consisting of music. If the music is to be accompanied by words those words will be protected separately as a literary work.
For a musical work to benefit from copyright protection it must be recorded writing or in some other manner and there must have been sufficient skill and labour in creating the work so as to make it original. However, modern versions and arrangements of old music can be protected by copyright.
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