Not every artistic project is protected by copyright—protection is only granted to works of art that meet the definition of copyright law. However, as you will see in the following chapter, this definition is very broad.

Info: If the artistic production does not qualify for copyright protection, it may be protected by ancillary copyrights. See the chapter on ancillary copyrights.

According to Section 1 of the Copyright Act, works of the following artistic genres are protected:

  • Literature
  • Sound art (music and musical works)
  • Works of fine art
  • Film art 

The term literature encompasses linguistic works of all kinds, including computer programmes, stage works (body language), and works of science and education, including two or three-dimensional representations, provided they are not classified as fine art.

Besides paintings and drawings, fine arts include works of architecture (buildings), applied arts (handicrafts such as furniture, jewellery, graphics), and works of photography.

Works of music enjoy protection regardless of how they are created (e.g. instruments, computer-generated sounds, human voice). The individual creative elements (e.g. melody, harmony, rhythm) and their combination can be original and therefore also protected by copyright. It is not only audible music itself that is protected, but also written music such as the content of scores. 

Works of cinematographic art (motion picture works) are also protected by copyright. These include films set to music, silent films, videos, and computer games. Screenplays are works of literature. The film adaptation of a screenplay is the conversion of the screenplay into a film work, and is considered an adaptation of the film (see the chapter on editing rights).

Info:  Works are not only protected as a whole—parts of them are also protected. 

In order for works of art to enjoy copyright protection, they must fulfil certain requirements. A work of art must be

  • one’s own (original),
  • an intellectual creation,
  • objectively interpreted as art, and
  • perceptible to the senses.

Perceptible to the senses means that mere ideas that have not yet come to fruition and are therefore not recognisable to others do not enjoy copyright protection. As soon as your work appears in any form, your copyright takes effect upon this act of creation. You are free to decide how your work of art is presented.

Example: You have an idea for a poem—this idea is not yet protected. As soon as you read your poem aloud or write it down, it is perceptible to the senses and protected by copyright from this "moment of creation". 
In US copyright law, works of art must have a certain material form. It would not be enough for you to recite your poem there—you would have to record it on a medium such as a piece of paper or a tape.

Thoughts, ideas, methods, systems, technical solutions, mathematical formulae, theories, teachings, findings, an artistic style, or other formal principles and the like are not protected by copyright.