The Subject Matter of Copyright-JA
What Does Copyright Law Cover?
Copyright law generally covers all “original works of authorship.” Such original works come in many forms. For example, in almost all countries, all of the following are protected by copyright law:
- literary works (books, articles, letters, etc.);
- musical works;
- dramatic works (operas, plays);
- graphic arts (photographs, sculptures, paintings, etc.);
- motion pictures and audiovisual works (movies, videos, television programs, etc.);
- architectural works; and
- computer software.
In some countries, sound recordings are also covered by copyright law. In other countries, sound recordings are protected by a separate, related set of rules known as “neighboring rights.” In some countries, government works -- such as maps, official reports, and judicial opinions -- are protected by copyright law; in others, they are considered part of the public domain.
Copyright law covers works that have not been published or even made public. So, for example, private letters, diaries, and email messages are all protected by copyright law.
The Jamaican Copyright Act provides as follows:
6. - (1) Copyright is a property right which, subject to the provisions of this section, may subsist in the following categories of work --
(a) original literary, dramatic, musical or artistic works;
(b) sound recordings, films, broadcasts or cable program me;
(c) typographical arrangements of published editions.
and copyright may subsist in a work irrespective of its quality or the purpose for which it was created.
Note that the Act defines "Literary work" as expressly including "computer programs." The Act defines "artistic work" as including "a building or a model of a building, whether the building or model is of artistic quality or not," but does not expressly protect architectural plans, although arguably they could be covered by paragraph (c) of the definition of "artistic work": "a work or artistic craftsmanship to which neither paragraph (a) nor paragraph (b) applies."
Take a look at the Intervest case (architecture) and the Lotus case (software) for an idea of the protection extended to these kinds of works by the US courts.