Copyright
Copyright exists to protect the authors of works such as novels, songs and typographical arrangements. The owner of a work may wish to licence it’s copyright or sell (assign) the copyright to a third party in return for royalties or a one off payment, in this way, the owner of copyrighted works can exploit their creativity and make a profit.
Copyright exists in the following:
- Literary works including novels, instruction manuals, computer programs, song lyrics, newspaper articles and some types of database;
- Dramatic works including dance or mime;
- Musical works;
- Artistic works including paintings, engravings, photographs, sculptures, collages, architecture, technical drawings, diagrams, maps and logos;
- Layouts or Typographical Arrangements;
- Recordings including sound and film;
- Broadcasts.
It is important to note that copyright does not protect an idea, it only protects the expression of an idea. The seminal case of Green v Broadcasting Corporation of New Zealand (BCNZ) is a fantastic example of this. In this case the BCNZ copied the format of Hughie Green’s ‘Opportunity Knocks’ television show. Hughie Green attempted to sue the Broadcasting Corporation of New Zealand for breach of copyright. Unfortunately the Privy Council found in favour of the BCNZ and stated that and idea cannot be copyrighted; only an expression of an idea can be. A modern example of different expressions of the same idea is ‘Pop Idol’ and ‘The X-Factor’.
It is also important to note that only when the work itself is fixed e.g. in writing, that copyright comes into existence. This means that you do not have to apply for copyright, it exists as soon as you right down or record your work.