Originality In Literary Work English Language Essay

The task is aimed to answer certain important questions in relation to copyright work in UK. It answers complex questions like,”What constitutes a literary work? What is meant by originality? How literary does a literary work have to be? Where is the dividing line between ideas/information (not protected as such) and expression (which is)? How is copyright acquired and how long does it last?These questions are answered in detail with examples from case laws and supported by statues. Each question is answered separately and clearly in demarked sections. A literary work is specific type of work originated by author and creates a picture, idea or a story in a meaningful pattern. There are two types of literary works. One is creative writing and other is study of the written work. In the world of copyright, the originality means contents, style and sequence of the contents which create a specific pattern and style. The copyright literary work not only includes the literature in the everyday sense like novels, poems, prose, biographies, review, criticism and literary but anything which is written , spoken or sung like term and conditions of trade, tradesman catalogue and brochures,tables and compilations, anthologies, encyclopaedias, directories, suites of computer programs, possibly the list of printed circuit boards and database. The time f copyright work varies from work to work. It depends upon the category and type f the work. It is usually calculated from the death of the creator. At the end of task, an interepretation of the information derived from questions is described in the form of conclusion.

Table of Content

List of Tables

What constitutes a literary work?

A literary work is specific type of work originated by author and creates a picture, idea or a story in a meaningful pattern( Jeremy 1986) . The raw material like words in case of story or lines in case of a picture are not of great importance if they are not manipulated into good structured sentence or an image to convey and idea in an artistic way( Christman1994) . Therefore a work capable to be right protected should show some skill and ability but exceptions may occur. In this way work is differentiated into a special piece of work created by an author.

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There are two types of literary works. One is creative writing and other is study of the written work. The creative writing is a work and values the author as creator and raises his value above the normal writing pattern. The study of the written work is the critical analysis of the written work by another literary person in a unique and specific style (Ackerman 1977). The written work may be a drama, a story, an essay, a biography, journalism or any written piece of work by author in original style. Depending upon the use of language and style, the literary work is written in two styles. It could be either prose or in poetry. Prose is a style of creative writing but its language is not in verse form. It has same literal value when words are used in a specific and unique style by the author creating a meaningful phrase (Dworkin 1978). The length of literary may vary from long novels or short as stories and essays. The author of the prose create different types of sentences either short or long, questions, exclamatory sentences and various other techniques to develop his own style. The use of various literal techniques in personal style is to display the inner psychic of the characters in the novel. It should be noted that the literary work could be real as well as imaginary or a mixture of both(Hohfeld 1964). It can also include author’s own experience s. Example of autobiography or other’s biography is good examples of inclusion of author’s own experience.

The other type of literary work is poetry. It is the writing in an elevated style. It is written in verse form. It is used to express deep feelings, thoughts and ideas in a beautiful language composed of unique personal style. The poetry is different from prose as it is composed of rhythmically arranged words creating thoughts and feelings with deep impact. The poetry consists on syllabus, diverse kinds of feet and stanzas as well as rhythms to create a unique style. In a real sense poetry relies more on the selection and expression of words rather than on structure of sentence as in the case of prose. There is no difference in writing of stories, parables, drama or many other literary forms as could be similar in poetry as well as in prose.

What is meant by originality?

The definition of original means pure. The ordinary and common meaning of originality is not acceptable in law. Instead courts have interpreted the definition of the originality by describing the relationship of the work with its author. Law is interested to know either work has been created by the author or not(Harris 1980). In the world of copyright, it means contents, style and sequence of the contents which create a specific pattern and style. The literary work means work expressed in quality or style in a specific or certain way; Example Macmillan v Cooper (1923) 40 TLR 186 (JCPC).

Copyright is defined as the protection provided by law to the original authority for his efforts to create the original work.

In the presence of above mentioned definition, copyright is security to the labour, skill, capital, expression, unique style, quality of the character and sum of the original work. Now, there is a question that which original work can be claimed under the copyright laws? A work consisting on original literary, dramatic, musical and artistic works like sound recordings, films, videos, music(Tim 2009), broadcasts, documentaries and cable programmes are included in copyright works. Countries other than UK and USA also protect the original work under the similar copy right protection but the dept of originality required for original work may be different to make an original work capable of getting protection under copyright laws.

How literary does a literary work have to be?

There have always been arguments on what has been included on the literary work. What so ever the case is, the work should not be copied from any other source. For example, work was not accepted as original in Cramp v Smythson [1944] AC 329. Another example comes from a case known as Feist Publications Inc v Rural telephone services Co Inc(1991) 111 SCt 1282. The Copyright and database Regulations 1997(SI 1997 No 303) defines the literary work as any work, otherthan a dramatic or musical work, which has been written, spoken or sung and includes a table or complication other than a database, a computer program, preparatory design material for a computer program and a database. The copyright literary work not only includes the literature in the everyday sense like novels, poems, biography and literary, review and criticism but anything which is written , spoken or sung likebrochures, terms and conditions, tradesman catalogues tables and compilations, anthologies, encyclopaedias, directories, suites of computer programs, possibly the list of printed circuit boards and database. There is some point to remember for original work. The work should be result of a creative effort.The work shouldnt be copied from something that already exists.

The work could be similar to something already exists but again it should not be copied directly or indirectly. Original work should be substantial e.g. it should be created with sufficient labour and skills. However, sufficient amount of investment without enough skill and labour may make a work original. Where, ambiguity arises, only courts can decide whether something is original or not. Sound recordings, films, published editions don’t have to be original. These will not be new copy right works if these are copied from existing sounds, films or pblished editions.Similarly broadcast don’t have to be original unless they infringe in another broadcast.

Where is the dividing line between ideas/information (not protected as such) and expression (which is)?

The copy right is like other property rights. It can be used as an economic value. For example. Like property law, it can be licensed to other person to use it as it a property. Similarly, any breach of the copyright law result in award of damages to the effected party. The sale of the copyright will terminate the author’s right of owner. Even the owner ship rights finish with sale of copy right but moral rights to recognise the origin of work and not to treat the work in wrong way still exits and can be executed by injunction.

Copyright protection is available to literary work when it is recorded, in writing or sung. A compilation is a selection, arrangement, style and sequence of material in the form f poems, prose, extract, novels, photography, music and songs. The work is protected by copyright because of the efforts of collecting, selecting, editing and styling. Normally no particular literal value is attached to the work.

How long copy right could exist, is debateable. In one case, it was declared that copyright can subsist in a brochure for 120 years [1] . Copyright can also subsist in a computer program [2] .

How is copyright acquired and how long does it last?

Under copyright protection, original work is protected by unauthorised copying, publishing, performing in public or translating etc of an original work or a substantial part of it. Copying of literal work doesn’t mean only literal copying but also the copying of style or structure or expression. Computer program are also considered as literary work and protected under Article 4 of Copyright Treaty. Copyright is defined as an intangible property right in relation to different types of work done by the original author. Most of these works contain information or more accurately the way in which it is expressed in the work. Copyright laws are becoming more powerful in most of the countries of the World to save industry, author and inventor. UK and USA have developed stronger copyright laws where European countries have different copy right laws. Although these laws are conceptually different, and less deep than copyright but still cover the basic protection to original work of author. Most countries of the world follow the common themes of the copyright law according to Bene Convention [3] and Wipo copyright Treaty [4] . The time f copyright work varies from work to work. It depends upon the category and type f the work. It is usually calculated from the death of the creator. Depending upon the nature of work, the time length of copyright is tabulated on next page.

According to UK CDPA, section3 (2), a literal work has to be recorded in writing or otherwise any form of notation or code should be fixed to it. According to UK CDPA, section3 (3), all subscribing countries are obliged to confer reciprocal rights to each others citizens.

Copyright Protection

Work

Copyright Protection

Written

The copyright protection in UK for original literary, theatrical,musical and artistic works lasts for the life of a creator plus 70 years from the end of the year in which author died.

Film

The copyright protection in UK for film lasts for the life of the principal director, the authors of the screen play and dialogue, or the composer of any music specially created for the film plus 70 years from the end of the year in which last one of aforementioned persons died

Music

The copyright protection in UK for original musical works lasts for the life of a creator plus 70 years from the end of the year in which author died.

Recorded Songs

If a song is recorded then copyright of the song lasts for 50 years from the end of the year in which it was made or if published in this time, 50 years from the end of the year of publication.

 

Played Song;

A song has more than one copyright. Copyright for composer of music, for author of the lyrics .

If recording is not published during the 50 years period but played in public or communicated to the public during that period, then copyright lasts for 50 years from when it happened.

Copyright Protection

Work

Copyright Protection

Broadcast

Copyright in broadcast expires 50 years from the end of the year of its broadcast.

Published Edition

Copyright in publication edition expires 25 years from the end of the year in which edition was first published.

When a copyright work is created by more than one author, the authors are called joint authors and joint owners.

 

The copyright protection of joint authors and joint ownership is calculated with reference to the date of the death of the last surviving author.

Copyright work originating outside the UK or another country of the European Economic Area(EEA) or Where work was createdbrfore Ist January 1996.

The term of copyright protection may be shorter if it is shorter in the country of the origin.

Conclusion

A literary work is specific type of work originated by author. Original work may consist on a picture, idea or a story in a meaningful pattern. The raw material may be words in case of story, lines in case of a picture or a mixture of both. The raw material is manipulated into good structured sentence or an image to convey and idea in an artistic way. The ordinary and everyday meaning of ‘original’ doesnot fulfil the requirement of legal definition of original. The courts have defined original work as a piece of work that describes the relationship of the created work with the author and wether the work is originated from the author. The copyright literary work includes the literature in the everyday sense like novels, poems, biographies, literary criticism, reviews, written piece of work , spoken words, Songs, terms and conditions of the trade, tradesman catalogues, brochures and tables and compilations, anthologies, encyclopaedias, directories, suites of computer programs, the list of printed circuit boards and database. To get Copyright protection, work should be recorded, in writing or sung. A compilation is a selection, arrangement, style and sequence of material in the form f poems, prose, extract, novels, photography, music and songs. The duration of copyright protection varies from work to work. It depends upon the category, type, nature, time and content of the work. It is usually calculated from the death of the creator. A minimum copyright protection of 50 years time is applied after author’s death for original works, although this has been extended to 70 years within the European Union.

References