Page 83 - Law and the Media

Law and the Media
Copyright in a musical work can exist in original compositions, as well as in arrangements
of old music or adaptations of existing work. Originality in an arrangement has been
described as:

. . . the manner of expression in permanent form [which] is such that it can be seen
to have originated from the arranger.

(Godfrey v John Lees (1995))

Even though copyright may exist in respect of the arrangement, if copyright exists in the
original work the arranger must still obtain a licence to use the old music before the new
arrangement can be used.

Both the tune and the lyrics in a song have separate copyright. The lyrics are protected as a
literary work. The tune is protected as a musical work. One person may own the words and
want to use the song in a particular way, while the owner of the music may refuse.
Difficulties may also arise where one person writes the basic theme while another adds an
improvised and highly significant part to the finished piece. Joint ownership of copyright is
a complex area of law. There is great potential for difficulty where members of a band write
or record material together without deciding who owns the copyright. Three members of the
pop band Spandau Ballet sued a fourth member, alleging joint copyright in the band’s songs.
The court held that the claim of joint authorship failed (Hadley v Kemp (1999)).

Artistic works
An artistic work is defined in Section 4(1) of the CDPA as:

A graphic work, photograph, sculpture or collage, irrespective of artistic quality
A work of architecture be it a building or a model for a building
A work of artistic craftsmanship.

This includes paintings, drawings, diagrams, maps, charts or plans, works of architecture for
buildings or models for buildings, cartoons, photographs, sculptures and works of artistic
craftsmanship.

As a general rule, a drawing cannot be a graphic work if it is not exclusively pictorial.
However, numbers and literary elements can be taken into account when considering whether
material is an artistic work.

Skill and labour must go into the artistic work. However, any lack of artistic merit will not
deprive the finished work of copyright protection.

The House of Lords has held that the word ‘artistic’ must be read in the context of the whole
phrase ‘work of artistic craftsmanship’ and given its ordinary and natural meaning. A
formula or test cannot be evolved to determine artistic craftsmanship, as this will be a matter
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