{"id":6703,"date":"2022-08-22T14:51:54","date_gmt":"2022-08-22T12:51:54","guid":{"rendered":"https:\/\/www.copyright.eu\/docs\/copyright-protection-and-types-of-creations\/"},"modified":"2022-08-22T14:51:54","modified_gmt":"2022-08-22T12:51:54","password":"","slug":"copyright-protection-and-types-of-creations","status":"publish","type":"docs","link":"https:\/\/www.copyright.eu\/docs\/copyright-protection-and-types-of-creations\/","title":{"rendered":"Copyright protection and types of creations"},"content":{"rendered":"

The need for fixation in a tangible medium of expression.<\/b><\/span>
A creation that remains in the ” mind” of its author cannot be protected by copyright. There is a fixation requirement. Thus, a simple idea for a painting is not protected, whereas the painting itself, once created, will be. The materialised creation itself is protected and not the idea behind it. For this reason, it is not possible to obtain “exclusivity” on a creative idea: anyone can be inspired by what exists, as long as no infringement is committed.<\/span>

Originality<\/b><\/span>
The creation must be unique to its author, it must be an “imprint of his\/her personality”. When it comes to utilitarian works (such as databases, software, etc.), we tend to talk about novelty, but in all cases, the author must make a creative effort<\/b> of his\/her own. Otherwise, originality would be lacking and the creation in question would not be protected by copyright. In practice, many creations of different forms and genres will be protected by copyright as soon as this creative effort is perceived.
\nFor example, a photograph, even if the subject matter is common, will be protected by copyright if a creative effort is made in taking the picture, in the intention to obtain a specific luminosity, etc.<\/span>

No matter the merit, quality or genre<\/b><\/span>
Copyright is not confined to the “fine arts”, far from it. Any human creation will be considered an intellectual work, whether it is deemed to be beautiful or not: artistic appreciation is entirely irrelevant. Nor is there any relation to the time spent, if the creative effort is evident, nor to the permanent or ephemeral character.<\/span>

Some examples<\/b><\/span>
Literary and artistic creations are varied, so are their mediums. Provided that the criteria of originality<\/b> and fixation<\/b> are respected, the following can be protected by copyright:<\/span><\/span><\/p>\n