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    • o

      musical works include any musical work e.g. orchestral works, popular songs - note it does not include the lyrics or words: these are literary works;

      • o

        an artistic work can be a photograph, a well-known painting, a map;

  • Broadcast, film or sound recording

  • A typographical arrangement – most relevant here when considering an out of copyright work that may have been republished.

A ‘work’ can only benefit from protection if it is deemed to be in one of the above categories i.e. if the work cannot be fitted into one of the above categories it will not qualify for copyright protection.

Several copyrights can exist in one work e.g. a film may include the film sequence, a film script (a literary work), musical work for the background music and copyright in the recording of the soundtrack, or in certain cases broadcasts may have film copyright in addition to broadcast copyright.

To qualify for copyright protection the work must also be original, although the degree of originality varies. For example,

‘…two people setting out to survey Hyde Park. All being well, the resulting maps will show the same feature in the same relative positions. If the surveyors choose the same scale and use the same set of mapping symbols their maps may well look virtually identical, but each will be a copyright work without infringing the other because each was created independently.’ (Padfield, 2004)

In addition, the author or creator must fulfil certain qualifications of nationality or residence at the time of creation or publication to qualify for copyright protection under UK law. This is important when considering copyright protection under international conventions and is a ‘point of attachment’ between UK law and international conventions and agreements

Copyright is a property right which can be assigned and this can complicate the identification of the copyright owner.

The lifetime of the author or creator is commonly used as a basis to define the duration of copyright protection although other criteria are used in certain cases as may be seen by reference to Appendix 1 Duration of copyright under UK law.

2.2. Other intellectual property rights

In addition to copyright there are intellectual property rights in

  • Design rights - registered and unregistered design rights which may be applied to fabrics or the form of goods.

  • Moral rights – the right to be identified as the author or creator of a work and to object to derogatory treatment of the work. It is a right which may not be transferred but must be asserted. Under UK law this right is not automatically applicable to UK employees although some university IPR policies do allow employees this right.

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