There is no general statutory definition of which works fall within the scope of copyright.

However, the Berne Convention contains an extensive, but not limiting, summary of the ‘literary and artistic works’ to which protection is afforded under copyright. According to article 2(1) of the Berne Convention, the term ‘literary and artistic works’ covers every production in the literary, scientific and artistic domain, whatever may be the mode or form of its expression, such as books, pamphlets and other writings; musical compositions with or without words; cinematographic works to which are assimilated works expressed by a process analogous to cinematography; works of drawing, painting, architecture, sculpture, engraving and lithography; photographic works to which are assimilated works expressed by a process analogous to photography, etc..

In order to obtain protection under copyright, it is irrelevant how these literary or artistic works are expressed.

Since a literary or artistic work can qualify for protection under copyright, as has already been shown above, it is also required that originality can be demonstrated. A work is original if it bears the traces of an own individual activity, embodied in such an individual form that in it can be seen the creation of a certain person.

In judging originality, no relevance is attached to novelty, artistic character, the nature or genre, size or length or aim, etc. of the work.