Copyright law plays a vital role in protecting authors’ (creator’s) rights and encouraging innovation in various industries. In this jurisdiction (England & Wales), copyright protection is automatic upon the creation of an original work. One of the key components in copyright law is subsistence, which refers to the requirements for a work to “attract” copyright protection.

Definition of Subsistence

Subsistence in copyright law details to the conditions that a work must meet to qualify for copyright protection. For a creation to be protected by copyright, it must meet the following criteria:

 

  1. Originality: The work must be original, namely it must be as a result of the author’s labour and not be copied from another source. Originality does not require absolute novelty. However, the work must not be an imitation or replica of an existing work. The creation must reflect the author’s individual effort and skill.
  2. Medium of the work: The work must be found within a tangible medium of expression, such as writing, recording, or digital format. This requirement ensures that that the work is permanent and able to be viewed, reproduced, or communicated.
  3. Qualifying Categories: The work must fit into within one of the categories, which include: literary works, artistic works, musical works, dramatic works, and other works including broadcasts, films, and sound recordings.

Originality Requirement

Originality is a key concept in copyright law. It ensures that the work must originate from the author and possess a minimum threshold of creativity. However, it is important to note that originality does not mean absolute uniqueness. Even works which took inspiration or ideas from existing works can be considered original if they demonstrate the requisite skill, labour, and creativity on the part of the author (creator).

Medium of the work

This requirement ensures that the work is produced in a tangible form that can be viewed, reproduced, or communicated. However, the criteria does not prohibit the ability to edit or alter the work so works fixed in digital formats, such as computer programs or digital photographs, are also protected.

Qualifying Categories

Copyright protection is open to various works, including literary, artistic, musical, and dramatic works, as well as films, broadcasts, and sound recordings. Each category has its own specific criteria which must be satisfied in order for the work to be offered copyright protection, but all types of protected work must meet the requirements of originality and being contained within a tangible medium.

Summary

Subsistence in copyright law is subject to satisfying the requirements set out above. Creators (Authors) must ensure that their works meet these criteria to receive the benefits of copyright protection.

Should you require further clarification or assistance regarding subsistence in copyright law, please do not hesitate to contact Mario Mastantuono at Fisher Jones Greenwood LLP – [email protected] or call 01245584517.