ENGR. ARIEL MARK R.

PILOTIN , 4-B
ASSIGNMENT NO. 3. FACTORS AFFECTING COPYRIGHTABILITY OF WORKS

FACTORS AFFECTING COPYRIGHTABILITY OF WORKS

Copyrightable works are works that are protected under the

copyright laws, such as literary works, musical works, dramatic works,
pictorial, audio-visual or other works.

Basically,there are two main factors to be considered in order for a

work to be covered under the purview of copyrightable works, namely:

(a) It must be original. Originality is the exercise of skill, or the use

of ones knowledge, developed aptitude or practiced ability, and
judgment, or the use of ones capacity for discernment or ability to
form an opinion, in the creation of such work. For a work to be original,
it does not have to be creative in the sense of being novel or unique,
as discussed in the 2004 case of CCH Canadian vs. Law Society of
Upper Canada.

(b) It must also be fixed, which means that the work should be
recorded in a form that can be perceived directly or by means of a
device that is existing to be developed later. The work must be in a
form of written notes on a paper, or an audio recording of a musical
composition, and not just undocumented spoken words, or a blurted
out hum, to be copyrightable.

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