Copyright Law: What Intellectual Property is Protected?

Every business has intellectual property that it should protect and that it can make money from. One of these areas is copyright law. People often don’t understand 1) what copyright law protects, 2) how copyrights are protected, and 3) who owns a copyrightable work when an independent contractor or subcontractor makes it. Copyright Law: What Intellectual Property is Protected?

Copyright law protects “original works of authorship that are fixed in a tangible form of expression.” It only applies to these types of works: literary works; musical works, including any lyrics; dramatic works, including any music; pantomimes and choreographic works; pictorial, graphic, and sculptural works; motion pictures and other audiovisual works; sound recordings; and architectural works. But these groups should be understood in a broad way.

Does Your Business Own Any Copyrightable Works? Copyright Law: What Intellectual Property is Protected?

Copyright protection isn’t just for authors and artists. Does your business produce, create or record any of the following in a tangible form, paper or digital? If so, then you most likely have copyrightable works:

• Architectural plans
• Articles
• Blogs
• Books
• Cartoons
• Computer software
• Demonstrations
• Graphic art
• Magazines
• Maps
• Marketing materials
• Motion pictures
• Multimedia presentations
• Newspapers
• Newsletters
• Podcasts
• Program curricula
• Publications
• Slideshows
• Trade journals
• Training materials
• Photographs
• Websites

Not Everything is Protected by Copyright on Copyright Law: What Intellectual Property is Protected?

It’s important to note what is NOT protected by copyright law. Only the actual expression of an author is protected, not the underlying idea itself. Copyright protection does NOT extend to: Copyright Law: What Intellectual Property is Protected?

• Ideas
• Methods, processes
• Systems
• Ideas or procedures for doing, making, or building things
• Scientific or technical methods or discoveries
• Business operations or procedures
• Method of operation
• Improvisational speeches
• Unwritten or unrecorded performances
• Titles, names
• Short phrases, slogans
• Familiar symbols
• Variations of typographic ornamentation, lettering, or coloring
• Listings of ingredients
• Standard calendars
• Charts
• Tape measures and rulers
• Lists or tables taken from public documents
• Blank forms for recording rather than conveying information

What Rights Does Copyright Provide? Copyright Law: What Intellectual Property is Protected?

Copyright means the owner has the exclusive right to do and authorise others to do the following to the original work:

• reproduce or copy;
• prepare derivative works;
• distribute copies to the public by sale, licence, or lending;
• perform the work publicly or by means of a digital audio transmission; and
• display the work publicly.

However, these rights are subject to certain statutory exceptions, such as “fair use” and parody. The copyright owner may be entitled to recover certain statutory and civil damages and other remedies for infringement of these rights if the work is registered with the U.S. Copyright Office.

Who is the Owner of the Copyright? Copyright Law: What Intellectual Property is Protected?

A work is protected from the time it is fixed in its tangible form. The owner is the person who created the work.  If an employee creates a work within the scope of their employment, it is classified as “work for hire” and the company becomes the owner.

However, if a person is an independent contractor creating work for a company, the owner is the person UNLESS certain conditions are met: 1) there must be a written agreement indicating that the work is being created for the company by the contractor as a “work for hire” AND 2) the work must fall into one of the following categories:

• contribution to a collective work
• part of a motion picture or other audiovisual work
• translation
• supplementary work
• compilation
• instructional text
• test and answer material
• atlas

Notice of Copyright on Copyright Law: Copyright Law: What Intellectual Property is Protected?

It is to your benefit to put a copyright notice on a work, although it’s no longer required under U.S. law. The notice prevents any infringer from claiming they were unaware the work was protected. An example of the proper form is: © 2012 Author’s Name. Copyright Law: What Intellectual Property is Protected?

How to Secure a Copyright on Copyright Law: What Intellectual Property is Protected?

Copyright in a work is secured automatically when the work is created in a fixed medium. No publication or registration or other action is required to secure copyright. However, there are definite advantages to registration, including the right to recover statutory damages for any infringement of the work.

Filing fees range from $35 to $65 per work, although under certain circumstances group registrations may be possible. If you wish to secure a copyright registration, either visit Copyright.gov or find an intellectual property attorney to assist you.