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Chapter 3

CRI 200 Chapter 3: Readings: Week 5 - Ch. 3


Department
Creative Industries
Course Code
CRI 200
Professor
Jeremy Shtern
Chapter
3

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Copyright’s Scope
Copyright’s urella oly overs ertai thigs:
Copyright exists in other works and other subject matter
For copyright to remain in a work, an original expression must be fixed in some tangible form
Original expressions not facts or ideas
Interest arises at the moment the idea becomes a tangible medium of expression
CP is limited and at the end of its term becomes part of the public domain
Copyright subsists in works and other subject matter
Current Cdn CP Act recognizes 4 categories of works
1. Literary
2. Dramatic
3. Musical
4. Artistic
Performances, sound recordings, broadcast signals also apply
Many objects containing IP can actually be comprised of many distinct works
E.g. Newspapers and how all the stories are written by different people
For CP to subsist in a work, an original expression must be fixed in some tangible form
Originality
Work must be original to be covered by CP
Original can mean: something never before seen to something not expressly copied
Legal test: For a ork to e origial it ust origiate fro the author p.40
For opilatio to e origial, it ust e a ork that as idepedetly reated y the author
ad hih displays at least a iial degree of skill, judgeet ad laour p.41)
Creativity is not required for original work
Fixation
Copyright can only exist if something is in tangible form
In notes, the notes have been fixated and therefore copyrightable, but what if something is only
spoken?
Ne setio of perforer’s performance can cover oral stuff
There is no explicit requirement for fixation for performers performance
Copyright applies to original expression, not the facts or ideas
CP applies to the way in which the facts or ideas were presented
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