What is Copyright? Object matters are protected by copyright and those are not

Copyright is an object matter of intellectual property rights. Clause 2 Article 3 Intellectual Property Law 2005 defines that “Copyright is the rights of organizations, individuals to works which created or owned by themselves”. In other words, copyright is recognized for organizations and individuals to works legally created or owned by them not by copying through other sources

Copyright shall arise when a work is created and fixed in a certain material form, irrespective of its content, quality, form, mode, and language and irrespective of whether or not such work has been published or registered

At the same time, intellectual property law also specifies the object matters of copyright, including works of literary, artistic, scientific; Object matters of related rights include performances, recordings, video recordings, broadcasts, satellite signals carrying coded programs. Accordingly, the law also specifies the object matters protected by copyright and objects not protected by copyright (Article 14 Intellectual Property Law 2005)

  • Works of literature, art, and science are protected include;
  • Literary works, scientific works, textbooks, teaching courses and other works expressed in written language or other characters;
  • Lectures, addresses, and other speeches;
  • Pressworks;
  • Musical works;
  • Stage works;
  • Cinematographic works and works created by a process analogous to cinematography;
  • Plastic artworks and applied artworks;
  • Photographic works;
  • Architectural works;
  • Sketches, plans, maps, and drawings related to topography or scientific works;
  • Folklore and folk artworks;
  • Computer programs and data collections.

–        Derivative works shall only be protected if such protection is not prejudicial to the copyright in the works used to create such derivative works

According to Article 15 Intellectual Property Law 2005, object matters not protected by copyright include

  • News of the day as mere items of information: Accordingly, news of the day mere items of information means daily news briefs which are mere of informatory nature and contain no creative elements
  • Legal instruments, administrative and other documents in the judicial domain, and official translations of such documents. (Administrative documents include documents issued by state agencies, political organizations, socio-political organizations, socio-political-professional organizations, social organizations, socio-professional organizations, and people’s armed forces units)
  • Processes, systems, operational methods, concepts, principles, data

Accordingly, copyright includes specific rights recorded by law to organizations, individuals to works directly created or owned by a person. Copyright protection provides material and spiritual benefits to authors, encouraging them to continuously create novel, quality works.

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