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Abstract
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We are often told that it is not the ideas themselves, but the expression of those ideas that copyright protects. In case of literary, dramatic and musical works, however, it is not the mere expression, but expression that is “recorded, in writing or otherwise” that attracts copyright protection, as of the UK Copyright Designs and Patents Act 1988 (“CDPA”) notes. This means that copyright as a statutory right does not arise in these works until it is so recorded. Artistic works are conspicuous by their absence from this provision. Why do we have this additional step to secure copyright protection for literary, dramatic and musical works? What does its absence mean to artistic works? Is there a need for record also for works like sound recordings, films, and broadcasts? Is the requirement of record a mere procedural matter? Or is it a more substantive requirement?