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Copyright

A guide to current copyright regulations, fair use, and the public domain.

What Can Be Copyrighted?

Copyright protections apply to original works of authorship that have been fixed to a particular tangible medium.

"The fixation need not be directly perceptible so long as it may be communicated with the aid of a machine or device." (That is, if you can play it, watch it, listen to it, touch it, or read it, it's protected.)

Fixed, protected works include:

  • Literary works
  • Musical works, including any accompanying words
  • Dramatic works, including any accompanying music
  • Pantomimes and choreographic works
  • Pictorial, graphic, and sculptural works
  • Motion pictures and other audiovisual works
  • Sound recordings
  • Architectural works

However, some things must be kept free for all to use, and can therefore NOT be put under copyright protection, such as:

  • Facts
  • Ideas
  • Concepts
  • Principles
  • Titles

Adapted from Copyright Basics [PDF], United States Copyright Office

Intellectual Property

The World Intellectual Property Organization defines intellectual property as "creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce." IP is a legal term, and these "creations of the mind" are legally protected for a period of time so that the creators have an incentive to create, but eventually they fall out of legal protection so that the creations can be reused and expanded upon by future creators.

Inventions are protected by patents; literary and artistic works by copyright; and designs, symbols, names and images by trademark. Below are some resources for learning more about IP and how to protect your own.

Do trademarks, copyrights, and patents protect the same things?

"No. Trademarks, copyrights, and patents protect different types of intellectual property:
  • A trademark typically protects brand names and logos used on goods and services.
  • A copyright protects an original artistic or literary work.
  • A patent protects an invention.
For example, if you invent a new kind of vacuum cleaner, you would apply for a patent to protect the invention itself. You would apply to register a trademark to protect the brand name of the vacuum cleaner. And you might register a copyright for the TV commercial that you use to market the product."

 

Adapted from Basic Facts About Trademarks [PDF], United States Patent & Trademark Office

DISCLAIMER

The information presented here is for informational purposes only and should not be considered legal advice.