Is Your Creation Eligible for Copyright Protection?
Author | Lesley Ellen Harris |
Profession | Lawyer, author, and educator |
Pages | 23-33 |
23
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 criteria 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.
c03.indd 2321-09-2013 14:15:41
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