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CHAPTER 3
Is Your Creation
Eligible for Copyright
Protection?
The best fame is a writer ’s fame: it ’s enough to get a table at a good restaurant,
but not enough that you get interrupted when you eat.
—Fran Lebowitz, in Observer , May 30, 1993,
“Sayings of the Week”
Criteria for Copyright Protection
The rst part of this chapter discusses the three criter ia for the pro-
tection of traditional copyright materials known as “works.” The sec-
ond part focuses on the protection of nontraditional material, often
referred to as “other subject-matter” or “neighbouring rights,” includ-
ing performers ’ performances, sound recordings, and broadcasts. This
“other subject-matter” of copyright has more limited protection than
“works.”
Copyright protection exists as soon as a creation is created or comes
into existence. However, in order for a creation to be eligible for this
protection, the creation must be a “work” within the meaning of the
Copyright Act.
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