1.1 What are the requirements for copyright to subsist in a work?

Copyright shall extend to scientific, literary and artistic works that are the outcome of creative efforts regardless of their purpose, content, merit or manner or form of expression. A work shall satisfy two fundamental requirements, it must be:(i) creative/original; and (ii) fixed in any material form.

Copyright shall protect both disclosed works and undisclosed works that exist in an objective form, in particular:

1. written form (manuscript, typewritten text, musical score, etc.);

2. oral form (public recitation, public performance, etc.);

3. sound or visual recording (mechanical, digital, magnetic, optical, etc.);

4. figurative form (drawing, sketch, painting, plan, industrial design, still from a cinematographic, television or video film, photograph, etc.); or

5. three-dimensional form (sculpture, model, mock-up, structure, etc.) or other form.

Read more

This article appeared in the 2016 edition of The International Comparative Legal Guide to: Copyright; published by Global Legal Group Ltd, London." (www.iclg.co.uk)

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.