fixation

Fixation is a word used in the context of copyright to refer to one of the prerequisites of subsistence, that a work must be in a recorded or "material" form in order for protection to apply. This requirement has its foundation in common sense and practicality - as copyright awards the copyright owner a monopoly in the works protected, and the right to prevent others from infringing the work, evidence is required to show that the work was in fact created at a particular time. The exception to the rule are broadcasts, which are ephemeral in nature.

The requirement for a work to be in a material form should be read as a reference that the work should be in a permanent form,rather than a transitory fixation. Copyright protection does not dissolve on the destruction of the work, it becomes simply a matter of evidence that the work was created.

Upon the recording of a work, the speaker (or other relevant author for the purposes of the Copyright, Designs and Patents Act 1988 UK) becomes the owner of the copyright work and a separate copyright subsists in the recording, if they are a different legal person.

Usage: The prerequisite of fixation was satisfied when the poem was written down.

Related Words: originality; copyright; substantial part; exclusive rights of copyright; ; literary work; artistic work; dramatic work; musical work; broadcast; sound recording; intellectual property rights; copyright monopoly; intellectual property rights; Copyright, Designs and Patents Act 1988 UK; fair dealing; first owner of copyright; duration of copyright.