Works Protected by Copyright, continued

Welcome back. We are here to talk more about copyright and the works that it protects. If you missed our previous blog, be sure to visit back. Below, you’ll find a quick recap of all works protected by copyright.

Copyright Protection | Copyright Lawyer Raleigh NC

 

Almost any form of expression could qualify as a tangible medium that would be eligible for copyright protection. The U.S. Copyright Office lists the following as works that can be protected:

  • 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

The categories are broad and can include novels, plays, poetry, songs, artwork, sculptures, computer software or applications and drafts of buildings. Some works may fall under more than one category, such as a drawing of a building. A musical play that includes dance could fall under both the musical and choreographic categories.

The work does not have to be published in order to qualify for a copyright but it does need to have been recorded in some form, whether on paper, as an audio recording or broadcast. If you have written a book but it has not been published, you can still register for a copyright for protection against someone else using it or claiming it as their own. However, if you give a speech that you did not write down beforehand, or have it recorded as you spoke, then it is not eligible for a copyright because it is not available in a tangible form.

Copyright protection does not include lists of parts or ingredients. For instance, a recipe can only get a copyright if it is more than just a list of ingredients. It must include an explanation and directions, or perhaps a story. If you want to copyright a recipe that has a secret ingredient or method of preparation, remember that copyrights are public record so it may not stay a secret for long.

It also does not cover facts, systems, slogans, typography, or methods of operation. If you have a slogan or phrase you want to have exclusive rights to, you may be able to get a trademark for it. If you have a design or logo that is an original creation, you may qualify for a copyright. You can contact an attorney who knows about intellectual law and can help you determine if you need a copyright or a trademark.

Copyright protection is not available for work such as tape measures, rulers, calendars, height and weight charts or other things that are considered common property and have no original author. It is also not available for names, even if you are the only person in the world with that name.

Klish and Eldreth | Copyright Lawyer Raleigh NC

It’s easy to make mistakes when it comes to copyrighting works and making sure you don’t infringe upon someone elses work.  Don’t allow those mistakes to create problems for you in the future. Contact us for more information about our infringement services provided by our copyright lawyer in Raleigh NC, and other services that may be of use to you or someone you know.

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