49. Literary work

  Let's continue the discussion on “Introduction to Intellectual Property and Understanding Intellectual Property”. Among them, today we will learn about “literary works”.

1. Concept of literary work

  1) Expression of creative feelings or ideas: Not all creative works are protected by the Copyright Act, and above all, they must be creative. Creativity is enough to simply not imitate. Even if it is a literary work that is morally and ethically criticized, it is protected under the Copyright Act as long as it has creativity.

  2) Expressed: Just because you come up with an idea doesn't mean it's protected by copyright law. Copyright law protects what is expressed. For example, copying a cookbook is considered a copyright infringement, but cooking as written in a cookbook has nothing to do with copyright law.

  3) Creativity protected under the Copyright Act is considered creative if it is created by the author's own efforts and abilities.

2. Literary works to be protected

  1) Works exemplified in the Copyright Act: musical works, literary works, theatrical works, architectural works, photographic works, artistic works, graphic works, video works, computer program works, edited works, derivative works

  2) The above works are merely examples, and there may be other types of literary works.

  3) Derivative work: A work created by various methods such as translation, adaptation, arrangement, transformation, video production, etc. of the original work is defined as a derivative work. Derivative works are protected as independent literary works from the original work; however, one must obtain a permission from the original author to be able to produce derivative works.

  4) Editorial work: Editorial work is also protected as an independent literary work, and this work means that there is creativity in the arrangement, selection, or composition of the material.

  5) Character protection: If the character is a literary work, the character is subject to copyright law, and the copyright owner can establish and transfer a commercialization right a business partner through a contract. Character names and others etc. are not subject to copyright law, but may be subject to trademark rights.

3. Unprotected literary works

  1) Constitutions, treaties, laws, orders, rules and ordinances

  2) Announcements

  3) Judgments, orders, decisions, resolutions

  4) Written by the state or local governments

  5) Simple delivery of facts

  Today, we learned about “literaly works”. Next, we will discuss “authors”.

 

 

*I am a student learning IP, not an IP expert. Translation is also a translator and my short English skills. I hope it will be helpful for those who do not have the relevant knowledge or who want to learn about IP.

 

*The above is what I learned from a book compiled by the Korean Intellectual Property Office and Korea Invention Promotion Association (published by Pakmungak) entitled “Introduction to Intellectual Property, Understanding Intellectual Property”.