Copyright protects a range of original works, such as literary, artistic and musical works, and also subject matter other than works, such as sound recordings and broadcasts. Computer software is included in the definition of iterary work. It is not necessary for a work (or other subject matter protected by copyright) to have a particular artistic or creative merit. The work must merely be original and display some skill and labour. Copyright does not protect concepts or ideas but only their material form. Copyright confers on the owner a number of exclusive rights including a reproduction right so that copyright is infringed if the whole or a substantial part of the work (or other subject matter) is reproduced without the authority of the copyright owner. It is necessary also to establish that there was actual copying of the work. Copyright therefore provides no protection against independent development of the same or similar marks.
