Child pages
  • 9.1 Compilations
Skip to end of metadata
Go to start of metadata

According to the Copyright Act, a person who, by combining works or parts of works, creates a literary or an artistic compilation shall have copyright therein. The author of the compilation is always the physical person who compiled the materials. Compilations referred to in the Copyright Act include, e.g., anthologies, collage images, various handbooks, newspapers and magazines, and collections of computer programs and various multimedia products. Creating a compilation always requires obtaining permission from the authors of the original works.

Various mash-up video and musical works can also be considered as compilations of sorts. These types of works are usually created by combining existing works or parts of works. The provisions pertaining to compilations probably apply to mash-up works only rarely because such works usually involve processing and adapting the works and parts of works to be combined to an extent that they can no longer be considered original works or parts of works. It should be noted, however, that according to the current Copyright Act, copying is one of the author's exclusive rights regardless of the technology employed, even if the copying took place only in an intermediate phase of the work.

.

Object of Protection

The copyright of a compilation applies to the compiled material as a whole, not the individual work used in the compilation. Therefore, the copyright of a compilation does not limit the copyrights of individual works included in it. Creating and exploiting a compilation always requires obtaining permission from the copyright holders of the original works.

.

Requirements for Protection

In order for a compilation to be protected by copyright, it must fulfil the requirements relating to the independent and original nature of the work. The way the work was compiled must exhibit creativity and originality. With regard to compilations, creativity and originality are expressed in the selection and arrangement of the materials included in the work. For example, mere mechanical collection of materials from some particular field and their arrangement into a typical order does not exhibit the author's creativity and originality.

The materials selected for the compilation must also be literary or artistic works in the meaning of the Copyright Act. In other words, the works selected for the compilation must also separately exceed the required level of originality. If a certain work does not exceed the required level of originality, the collection may not be protected as a compilation in the meaning of the Copyright Act. However, it may be protected as a literary or artistic work on the basis of the Copyright Act §1. [1]

Notes and References

[1] Copyright Act §1