Protection for works

Types of work

Copyright law classifies works into defined types, for which the provisions differ. For archivists and records managers the most important are literary, dramatic, musical and artistic works, films and sound recordings. Other types of work (broadcasts and typographical arrangements) present problems less often. The definitions themselves have varied with successive legislative changes, but those in the 1988 Act (as subsequently amended) normally apply to all works created before and still in copyright at commencement and are thus the only ones that need be of concern for most purposes. Cases where earlier definitions still apply (notably pre-1912 maps, see 7.14.2–3, and pre-1957 films, see 2.4.1) are set out in the descriptions of the appropriate categories.

1988 (CDPA) Sch 1 para 3

The nature of works

A single item may consist of more than one work, of different types. An academic journal, for instance, might contain several articles, each of which could be a separate literary work, together with illustrations, each of which could be a separate artistic work, and some music, which could be a musical work. The journal as a whole might qualify for protection as a compilation (see 2.1.10, 2.2.3), and will certainly have protection for its typographical arrangement (see 2.6.15). Similarly a song consists of music and words; each has its own copyright and there is no distinct copyright in the song as a whole although the same person may be the author of both (however, see 2.2.14). Also, each separate entry in a diary is a separate copyright work while the diary as a whole is another. In an archive, deeds, for instance, are primarily literary works, but any plans in or on them are separately protected as artistic works. Likewise, a single file might contain minutes and papers produced by the creating body, letters, drawings and photographs received from private individuals or other bodies and companies, and published papers and maps including some in Crown copyright. Each separate item would qualify as a copyright work with its own authorship, duration and ownership, so the use of the whole file could require permission from many different people and bodies (see also 2.2.3).