Page 82 - Law and the Media

Copyright
There is no requirement for literary merit. Letters or emails written to a newspaper are
subject to copyright, although where a letter or email is sent to a newspaper or magazine the
writer permits publication of it by the newspaper or magazine on at least one occasion. Even
computer programs and databases, seemingly without literary ‘merit’, are expressly included
if they constitute the author’s own intellectual creation. Railway timetables and logarithmic
tables are both literary works. Football fixture lists and pools coupons also qualify for
copyright protection (Ladbroke (Football) Ltd v William Hill (Football) UK Ltd (1964)). This
enables the Football League, which owns the copyright, to charge the pools promoters to
reproduce the fixtures, whilst permitting football clubs to do so free of charge.

Television listings are copyright works (Independent Television Publications Ltd v Time Out
Ltd (1984)). Considerable skill and labour goes into devising weekly schedules. Copyright
is owned by the BBC and by the independent television companies. However, as a result of
Section 176 of the Broadcasting Act 1990 and the decision in Magill TV Guide v Independent
Television Publications (1991), television companies must now make full seven-day listings
available to publishers at least two weeks in advance. As well as marketing their own
comprehensive weekly guides, these companies also grant licences for their own programme
listings.

The CDPA makes it clear that spoken words that are recorded by any means become literary
works and therefore qualify for copyright protection. The author of the work – in other words
the speaker – owns the copyright. There is an important exception to this rule. Use of a
recording of spoken words, such as an interview made for the purpose of recording current
events, a broadcast or for inclusion in a cable programme, is not an infringing act subject to
its meeting certain criteria under Section 175 of the Broadcasting Act 1990.

Some works may be too short to be protected by copyright. Although much time, money,
skill and effort may go into devising a name for a new product or company, copyright cannot
exist in a word. ‘Exxon’, the American industrial corporation, sued to prevent the use of its
made-up name by an insurance company on copyright grounds. It failed (Exxon Corporation
v Exxon Insurance Consultants International Ltd (1982)). Only the law of trademarks or the
common law action of passing off can prevent imitators from trading on the established name
and goodwill of another.

Dramatic works
Plays, choreographed work, dances, stage musicals and mimes are dramatic works. The
scenarios and scripts for films may also be protected under this category. The difference
between a dramatic work and a literary work is that a dramatic work has spoken words or
some form of action that is to be performed.

Musical works
Copyright exists in an original musical work once it is written down. If music is recorded
without being written down, it may only be protected as a sound recording – for example,
if a record is made of musicians ‘improvising’.
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