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Securing Copyright

Copyright protects creative expression from being copied, distributed, modified, performed or displayed without permission from the owner.

What subject matter can be protected by copyright?

Copyright protects creative expression in a wide variety of forms, including: literary works, computer software, musical works (the lyrics, the musical score, and the sound recording of the work), dramatic works, pantomimes and choreographic works, pictures, graphics of any type in any medium, sculptural works, photographs, videos, motion pictures, and architectural works, among many others.

What cannot be protected under the copyright laws?

Generally, only the "expression" of an idea or fact is copyrightable, and thus several categories of material are generally not eligible for federal copyright protection. These include, among others:

  • Works that have not been fixed in a tangible form of expressionfor example: choreographic works that have not been notated or recorded, or improvisational speeches or performances that have not been written or recorded.
  • Titles, names, short phrases, and slogans; familiar symbols or designs; mere variations of typographic ornamentation, lettering, or coloring; mere listings of ingredients or contents. See Copyright Office Circular 34 (names, titles, short phrases not protected). However, copyright protection may be available for logo art work that contains sufficient authorship, and, in some circumstances, an artistic logo may also be protected as a trademark.
  • Ideas, procedures, methods, systems, processes, concepts, principles, discoveries, or devices. For more information about what is not protected, see Copyright Office Circular 31 (ideas, methods and systems not protected). Of course, the particular expression of an idea, (i.e., the particular explanation of the rules of a game) is protectable.
  • Works consisting entirely of information that is common property and containing no original authorshipfor example: standard calendars, height and weight charts, tape measures and rulers, and lists or tables taken from public documents or other common sources. See Copyright Office Circular 32 (blank forms and other works not protected).

What must you do to create expression that is protected by copyright?

The way in which copyright protection is secured is frequently misunderstood. For works that originate in the United States, copyright protection applies the moment the work is expressed in a tangible medium. No publication, registration or other action in the U.S. Copyright Office is required to secure copyright. There are, however, certain advantages to registration.

 

 

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