broadcasts, cable programmes and published editions of works. The
acts concerned vary according to the subject matter; in general, the
existence of the copyright protects the maker of a work from the
appropriation of his labours by another.”
Copyright is a natural right and creators are therefore entitled to the same protections as
anyone would be in regard to tangible and real property. The proponents of this doctrine
contended that creators had a perpetual right to control the publication of their work. For
one to be eligible for a copyright for artistic work there are certain factors that have to be
taken into account.
Section 1 of The Copyrights Act (cap 215) provides that artistic work means
“…irrespective of artistic quality, any of the following or works similar to them
(i) Paintings, drawings, etchings, lithographs, woodcuts engravings and prints…
(The rest are not relevant to this case)”
Furthermore under section 3(1) and the 1st schedule an artistic work is eligible for copyright
protection. Section 3(2) of the same Act provides inter alia that artistic work shall not be
eligible for copyright unless sufficient effort has been expended on making the work to give it
an original character; and the work has been written down, recorded or otherwise reduced to
material form whether with or without consent.
To get an understanding of what an original work is, in the case of
Emerson v Davies (1845) 3 Story 768 at 778–779 court held that;
„The question is not, whether the materials which are used are entirely
new, and have never been used before; or even that they have never
been used before for the same purpose. The true question is, whether
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