Copyright
Literary Works
John Lambert
Last updated 4 May 2005
These include not just
simply works that are regarded as literature in the everyday sense, such
as novels, poems, biographies and literary criticism, but anything that
is written, spoken or sung. That connotes "literature" in the popular
sense, such as brochures, standard terms and conditions of trade and
tradesmen's catalogues. It also includes tables and
compilations
which covers not only anthologies and encyclopaedias but also
directories, suites of computer programs and possibly even net lists for
printed circuit boards. Recent international agreements, such as
TRIPs and the
WIPO Copyright Treaty,
make clear that literary works include computer programs, preparatory
design material and databases.
Statutory
Definition
S. 3 (1) of the Copyright Designs and Patents Act 1988 (as amended by reg 3 of The Copyright (Computer Programs) Regulations 1992 (SI 1992 No 3233) and reg 5 of the The Copyright and Rights in Databases Regulations 1997 (SI 1997 No 3032) defines a "literary work" as
any work, other
than a dramatic or musical work, which is written, spoken or sung, and
accordingly includes –
(a) a table or compilation other than a database,
(b) a computer program,
(c) preparatory design material for a computer program, and
(d) a database;"
Works that are included within the definition are tables, compilations other than databases, computer programs, preparatory design materials for computer programs and databases. Copyright does not subsist in a literary work unless and until it is recorded, in writing or otherwise, and It is immaterial whether the work is recorded by or with the permission of the author.
Compilations
A compilation is a selection and arrangement of materials such as poems,
extracts from cases or novels, photographs or other works. The value
added that is protected by copyright is the effort in collecting,
selecting and editing. No particular literary value need attach to the
arrangement. It has been held for well over 120 years that copyright can
subsist in a brochure or catalogue (see Maple & Co. v Junior Army and
Navy Stores (1882) 21 Ch D 369. Similarly, it can subsist in the
arrangement of routines, sub-routines and modules in a computer program
(see IBCOS Computers Ltd. v Barclays Mercantile Highland Finance Ltd.
[1994] FSR 275).
Databases
A database is defined by s.3A of the Act as amended as a collection of
independent works, data or other materials which are arranged in a
systematic or methodical way, and are individually accessible by
electronic or other means. The definition is therefore sufficiently
broad to extend to works not held on computer.
Net Lists
In Anacon Corporation Ltd v Environmental Research Technology Ltd [1994] FSR 659 Jacob J as he then was said that it is possible for both literary and artistic copyright to subsist in the same work. He also accepted a submission that a list of electronic components for a circuit board known as a "net list" could be a literary work. However, his lordship's view was criticised by Laddie J in Electronic Techniques (Anglia) Ltd v Critchley Components Ltd. [1997] FSR 401 at 412.
