Types of work

The vast majority of material used in the secondary education sector is capable of copyright protection. Copyright protects most original material that is intended to entertain or convey information. It applies regardless of any artistic or literary merit in the material. More traditional types of copyright material (such as written content, musical compositions and artworks) are protected along with material that involves a technological presentation of other works (such as published design layout, audio and video clips, broadcasts and webcasts).

It is important to remember that copyright is an intangible property right. It protects certain original intellectual or creative works, once expressed in a material form. Works protected by copyright exist separately and independently to any physical object in which they are contained. For example, when you buy a book, you acquire a property right in the tangible object but not in the text (the literary work), images (artistic works) and design layout of the book (typographical arrangement).

In New Zealand, the categories of protected works are defined in section 2 of the Copyright Act and are each described below.

Literary work:

Means any work, other than a dramatic or musical work, that is written, spoken, or sung (such as words of a book, poem, newspaper or journal article, speech or song) and includes:
(a) a table or compilation and:
(b) a computer program.

Dramatic work:

Includes a plays, a work of dance or mime, a film scenario or script.

Musical work:

Means a musical composition (such as a score or sheet music) but not including any lyrics or sound recording.

Artistic work:

Means a graphic work (such as a painting, drawing, diagram, map, chart, or plan; an engraving, etching, lithograph, woodcut, print or similar work); a photograph, sculpture, collage, model, work of architecture (being a building or model for a building; and a work of artistic craftsmanship. Does not include a layout design or an integrated circuit within the meaning of the Layout Designs Act 1994.

Typographical arrangement of a published edition:

The arrangement or appearance of words and associated elements in a published editions (such as books, journals, newspapers, posters and websites, separate from the underlying works they contain, such as literary or dramatic works). Published edition means a published edition of the whole or any part of one or more literary, dramatic, or musical works.

Sound recording:

Means a recording of sounds from which sounds may be reproduced, such as on CDs and audio files, separate from underlying music or other works they contain.

Film:

Means a recording on any medium from which a moving images may be produced, such as on video or a DVD, separate from the underlying works they contain such as scripts and music.

Communication work:

Means a transmission of sounds, visual images or other information for reception by members of the public. This includes a radio or television broadcast or internet transmission, separate from the underlying works it contains, such as scripts, music and films.

More than one work in a single educational resource

There can be more than one type of copyright work in a single resource item. It is important to be aware of the separate copyrights in each item to avoid the risk of infringement when using third party works. For example, in a text book there may be a separate copyright in the literary work or works (such as each short story or novel); the typographical arrangement of the published edition; and artistic works (such as each illustration, photograph or diagram). Similarly, in a DVD or video clip there may be a separate copyright in the film (the moving images); the dramatic work (a screenplay); the music composition (musical work); and sound recording (recorded sounds synchronised with the moving images).

In some cases there may be a mixture of public domain works (material in which copyright has expired) and copyright works in a single resource. There can also be different copyright owners applicable in a single resource. For example, each work incorporated in the text book or film may have a different copyright owner and a different copyright duration.