Extent, Creation and Duration of Copyright Protection
All literary and artistic works enjoy copyright protection. It is granted as long as the work is sufficiently original and independent to exceed the threshold for protection. A product which has been created entirely as a result of a mechanical process or copying cannot be granted copyright protection. According to one definition, when evaluating the threshold for protection, the decisive criterion is that a similar work would not have been created as a result of the work performed by any other person. Also an unfinished work is granted copyright protection.
The threshold for copyright protection will depend on the type of the work in question. A poem or computer software is more likely to exceed the threshold than, for example, a chair. According to the Copyright Act, protected works enjoy copyright protection regardless of the intended purpose of use.
Copyright protection does not extend to cover the information contained in the work or the idea, in other words, it is limited to cover the external appearance or manner of expression. Hence, for example, a central idea of a book cannot be protected by copyright. Also, as regards computer software or databases, copyright protection is only granted to the source code expression of the software or the structure of the database, instead of their purported use or manner of use.
Copyright is held by the author of the work and arises automatically upon creation of the work. The author can only be a natural person. Consequently, in Finland economic rights related to copyrights can be transferred to a legal entity (such as a company) only through an agreement between the author and such legal person. Often, although not within all fields, employment agreements will contain specific clauses regarding transfer to the employer of copyright created during the course of the employment. An exception to this applies to copyright for computer software and databases, which is deemed to be transferred to the employer without any additional measures. See further in [Copyrights to Employee Works].
Continued validity of copyright does not require any particular action either, as it will remain effective, as a rule, for the entire duration of the author’s life and for an additional 70 years from his/her death. The period is calculated from the expiry of the year of death of the author. As regards photographs, however, duration of copyright protection may, however, be shorter. Ordinary photographs enjoy copyright protection for 50 years from the time of taking of the photograph. Ordinary photographs published before the year 1966 and photographs of a work of art whose term of protection has expired do not enjoy any copyright protection whatsoever.