What are the different kinds of works?
We noted in “What is a work?” that some categories of works have subcategories. Let’s now look more closely at the different kinds of works. The rights relating to each of these kinds are discussed in the subsections that follow.
Literary works
This is anything where words are involved. Specifically included are:
- novels, stories, poetry;
- dramatic works, stage plays, choreography, screenplays, broadcasting scripts;
- textbooks, essays, articles, biographies, histories, theses;
- dictionaries, encyclopaedias;
- tables, compilations, databases, directories;
- lectures, speeches, sermons; and
- letters, reports, memoranda.
Artistic works
Basically, this covers anything which is the result of artistic creation.
Specifically included are:
- paintings, sculptures;
- engravings, sketchings, woodcuts, prints;
- photographs, similar products;
- drawings, diagrams, maps, charts;
- architectural models, buildings, structures, plans, technical drawings; and
- handicrafts.
Musical works
This means any work consisting of music, but excludes lyrics (which are a literary work) and actions (which could be a dramatic work).
Cinematographic films
This means anything capable of being seen as a moving picture.
The technical definition of a cinematographic film is:
Any fixation or storage by any means whatsoever on film or any other material of data, signals or a sequence of images capable, when used in conjunction with any other mechanical, electronic or other device, of being seen as a moving picture and of reproduction, and includes the sounds embodied in a soundtrack associated with the film, but shall not include a computer program.
In the early 1990s Nintendo video games like Super Mario were all the rage. A South African business started importing ripped copies of the Nintendo games from China. Nintendo was successful in obtaining a Court interdict on the basis that its games were cinematograph films, according to this definition.
Sound recordings
This means any recording of sounds.
The technical definition is:
Any fixation or storage of sounds, or data or signals representing sounds, which is capable of being reproduced, but does not include a soundtrack associated with a cinematograph film.
Computer programs
This means something which directs the operation of a computer.
The technical definition is:
A set of instructions fixed or stored in any manner and which, when used directly or indirectly in a computer, directs its operation to bring about a result.
Broadcasts
This is what we get on the radio and television.
The technical definition is:
A telecommunication service of transmissions consisting of sounds, images, signs or signals which take place using electromagnetic waves of frequencies of lower than 3000 GHz transmitted in space without an artificial conductor; and is intended for reception by the public or sections of the public; and includes the emitting of programme-carrying signals to a satellite.
Published editions
This means the particular format, layout, etc. of a printed literary work. For example, this book has 152 pages and is set in 9.5 point ITC Stone Serif. It therefore has a particular typographical arrangement. The second edition of the book might be a different size, different font, pages printed one side only, etc. The same literary work is involved, but in a different typographical arrangement — which therefore is a different published edition with its own copyright.
The technical definition is:
The first print by whatever process of a particular typographical arrangement of a literary or musical work.
Programme-carrying signals
These are electronic signals carrying live or recorded audio/musical material by satellite.
The technical definition is:
A signal embodying a programme that is emitted and passes through a satellite; and a programme in relation to a programme-carrying signal means a body of live or recorded material consisting of images or sounds or both, embodied in a signal.
Now let’s look at what is meant by copyright in these different works. To state this differently: what rights does the owner have? We know by now that, in its basic form, copyright is about reproduction, and so we look at this first.