Definition

What is the definition of an artistic work?

The definition of artistic works is given in the CDPA as:

Does the work have to have some artistic quality to be protected by copyright?

No, but see the notes below on works of artistic craftsmanship where the situation is somewhat different. Otherwise quality is not a requirement but the usual tests of originality and showing some skill and creativity apply.

What is the definition of a photograph?

A photograph is defined as: ‘photograph means a recording of light or other radiation on any medium on which an image is produced or from which an image may by any means be produced, and which is not part of a film’.

Do microforms qualify for copyright?

Certainly. A microfilm or microfiche (‘microforms’ for short) is a photograph and attracts copyright in the same way as a photograph itself. A microfilm containing several different documents may also be a database (see Section 9).

What happens if the work which has been microfilmed is still in copyright?

There are then two copyrights, one in the original document and one in the microform. To make the new copy would require the consent of the original copyright owner.

Supposing the work that has been microfilmed is out of copyright?

There is probably still copyright in the microform as a photograph even though the work photographed is out of copyright. Some authorities argue that there is no copyright in the photograph of a ‘flat’ object such as a document but others would argue that change of medium (from paper to photograph) requires sufficient skill to create a new original work. But a straightforward photocopy or scanned copy of the work would not attract a new copyright as there would be insufficient skill shown in making the copy to justify a new copyright.