Copyright protects the independent and original expression of ideas, information, theories, or principles in a work, but not the ideas, information, theories, or principles themselves. You can create several different works with the same subject, theme, or plot, all of which receive individual protection. For example, you can write many different books with the same plot or create many paintings with the same theme. You are also allowed to use the information in a work that is not yours, provided that you write it entirely in your own words – that is, you express it in a new way.
What constitutes a ‘work’?
The object of copyright is an original work created by a human being. It can be any of the following so long as it is original and recorded in some way, be it as a hard copy or digitally:
- Literary works: These include books (fiction, non-fiction, textbooks, reference works etc), articles, research papers, short stories, essays, diaries and poems.
- Visual works: These works include paintings, drawings, illustrations, sculptures, graphic design, photography and film.
- Maps and charts.
- Printed/’sheet’ music.
- Performance: This can include recordings of musical performance, dramatic performance and films.
- Original databases where it is the structure and assemblage of data that carries copyright, not the raw data in itself.
- Computer programmes.
In Ireland, laws, regulations, government decisions and material produced by government departments are protected by ‘Government and Oireachtas copyright’. All public service information (PSI) is made available with a Creative Commons Attribution (CC-BY) licence, which allows use of the works by any person. This is a decision by government to make this material ‘in the public domain’.
Copyright does not grant exclusive rights to an idea, information, or principles, but rather to the original and creative expression of these ideas as manifested in the work.
When is a work original?
For the result of creative effort to be protected by copyright as a ‘work’, it must possess a certain level of creativity, meaning it must be sufficiently original and independent. This is often referred to as ‘exceeding the threshold of originality’. Quality or artistic merit is not required. Even a ‘poor’ or ‘ugly’ work can be protected if it results from independent and original creative work. Whether the threshold has been exceeded is determined on a case-by-case basis. A typical criterion is that no one else starting the same work would achieve the same end result.
To enjoy protection, the work must be independent and original.
The threshold of originality is evaluated differently depending on the type of work. In the case of literary works and works in the visual arts, the threshold of originality has been relatively low. Even a short poem or slogan can be protected by copyright.
What are ‘related rights’?
Copyright law also protects certain rights similar to copyright. These are known as related rights. Related rights protect performing artists and their performances, music producers, film producers, makers of catalogues and databases, radio and TV companies, and publishers of newspapers, periodicals and books.
Related rights are similar to copyright in many ways. The main difference is the duration of protection (20 years), and there is no requirement for independence and originality to obtain related rights.
For example, copying of sound recordings and films, public performance of sound recordings directly from the recording or via radio, fall under the protection of related rights. Copying and using sound recordings, visual recordings, catalogues, and databases all require permission from the person holding the related rights.
Database right
Comprehensive databases, tables, and catalogues can enjoy protection of the database right. This protection is considerably narrower than traditional copyright and lasts for a shorter period. Database protection is in effect for 15 years after the year the work is completed. If the work is first published at a later date than when it was finished (but still within 15 years), the 15-year protection period is counted from that later date.
This protection covers catalogues, tables, and other work where a large amount of data has been compiled, as well as databases that have required significant effort in data collection or presentation. The aim is to protect the effort put into gathering data, rather than the information contained in the database or catalogue.