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.

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