What is copyright work?

UKM

Last Update a year ago

Copyright work is defined in article 5 of the Copyright and Related Rights Act. A work is protected by copyright if the following conditions are met:

  1. INDIVIDUALITY - the work must be the product of the author’s own creative imagination, such that a person with the same knowledge and experience could not produce an identical or substantially similar work.

  2. INTELLECTUALITY- “the work must be the product of the author’s intellect and not merely the result of a mechanical or routine process.”

  3. HUMAN AUTHORSHIP - for a work to be protected by copyright, it must be created by a human being. Works produced by machines or animals do not qualify.

  4. The work must belong to the FIELD OF LITERATURE, SCIENCE, OR THE ARTS.

  5. EXPRESSIVENESS - the work must be capable of being perceived by others. It does not have to be fixed in a material form; for instance, sound can also qualify for copyright protection. 

Most common copyright works are:

  • spoken works, such as speeches, sermons, lectures;

  • written works, such as works of fiction, articles, manuals, studies and computer programs;

  • musical works with or without lyrics;

  • theatrical, theatrical-musical and puppet works;

  • choreographic and pantomime works;

  • photographic works and works created using a process similar to photography;

  • audiovisual works;

  • fine art works, such as paintings, graphics and sculptures;

  • architectural works, including sketches, plans, and completed designs in the fields of architecture, urban planning and landscape architecture;

  • works of applied art and industrial design;

  • cartographic works;

  • presentations of a scientific, educational or technical nature (technical drawings, plans, sketches, tables, experts reports, model presentations, and similar works).


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