Copyright
4. Are All Works Copyrightable?
The short answer is "No." To be copyrightable in Canada (and most other countries) the "work" must be original and must fall within one of the following statutory categories:
1. artistic work, which includes paintings, drawings, maps, charts, plans, photographs, engravings, sculptures, works of artistic craftsmanship, architectural works and compilations of artistic works;
2. dramatic work, which includes any piece for recitation, choreographic work or mime, the scenic arrangement or acting form of which is fixed in writing or otherwise, cinematographic work and compilations of dramatic works;
3. musical work, which includes any work of music or musical composition, with or without words, and compilations of musical works; or
4. literary work, which includes tables, computer programs and compilations of literary works.
With reference to the requirement of originality, foremost, it is clear that the work must have originated from the author, and may not have been copied from the work of another.
There is also a threshold level of creativity required in a work to attract the protection of copyright. Assessment of creativity is, obviously, greatly subjective. As such, the courts generally have not imposed a significant burden in this regard. In fact, even an arrangement of data taken from other sources, provided that the arrangement is the product of the plaintiff's thought, selection and work, may result in the creation of a copyright! However, where the work in question is obviously lacking in creativity, for example, being merely an arrangement of factual data, the courts have proved willing to reject claims to copyright protection. So, for example, the arrangement of data in a telephone directory has recently been found in Canada to not be protectable as a copyrighted work.
It should also be noted that copyright may be lost in useful articles if more than 50 are produced This provision allows artisans, such as potters or wood carvers, to produce "limited run" three-dimensional articles of a particularly artistic design. However, the Copyright Act provides that if a quantity of the articles in excess of 50 is produced by, or under the authority of the artisan, then it shall no longer be an infringement of the copyright for others to reproduce the three-dimensional design, with reference only to the article incorporating the design. In circumstances wherein a useful article is to be produced in quantities in excess of 50, protection under the Industrial Design Act may be available, and professional consultation in this regard is advisable.