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Under the Copyright Act, a copyright is born at the moment the work is created. Copyright protection is granted only to a work that meets the prerequisites of originality and demonstrates the result of its author's independent and original intellectual work. The protection of a work of fine art begins as soon as the work is sufficiently independent and original for the originality requirements. Originality is interpreted as a result, the like of which no-one else might have probably ended up with, using the same methods. Also a draft of a work and an incomplete or unsigned work, may be entitled to copyright protection, if it meets prerequisites of originality i.e. is independent and original.

Any registration, notification or marking indicating the work's protection, is not required. Also 'desk drawer works' enjoy copyright protection, publication of the work is not a prerequisite for protection. The often used, universal mark © with the first publication year and name of the artist, e.g. © 2010 Archie Artist,  is also not a prerequisite for the birth of a copyright. The mark indicates the right holder of the work. The author can always use the © mark.

A copyright can be created to a natural person only.  It can not be created to a legal person such as a company or society. Copyright may however be passed on, in part or wholly, by agreement e.g. to a company or society. Societies and companies may receive copyright protection only on the basis of rights transferred by the original authors.

An author is considered only to be that person, based on whose creative contribution the work was created. If the authors have created the work together, and their contributions do not form independent works, joint copyright protection is created for the authors. Technical assistants are not considered authors; for example, the people in charge of casting a bronze sculpture according to the author's instructions, are not themselves authors. The initiator of the work is also not considered an author, if the concrete shape and form is the result of some other person's creative contribution.




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