Copyright

Copyright protection is given to original works and arises automatically upon their creation. Traditionally for a work to be an ‘original work’ the work must have originated from the author by his skill and labour. The amount of skill and labour required is fairly low and there is no need for the work to achieve any form of literary or artistic merit. The categories of works that are capable of being protected include literary works, dramatic works, musical works, artistic works, films and broadcasts. The works which are normally most relevant to commercial activities are literary works (which includes computer programmes, books, manuals and databases). Copyright permits the author of a work to object to (and in turn to have the exclusive rights) in relation to specific uses of a work, to include, reproduction (copying), making available, renting or lending, performing, communicating to the public and adapting. A third party who, without the author’s/copyright owner’s permission, undertakes any of these acts in respect of all or a “substantial part” of the work will infringe copyright in the work. Aside from these traditional exclusive rights of a copyright owner, an author also has “moral rights” with respect to a work.