Which Option Can Be Copyrighted

What Can Be Copyrighted? A Comprehensive Guide

Copyright law protects original works of authorship, giving creators exclusive rights to control how their work is used and distributed. Understanding what can be copyrighted is crucial for creators, businesses, and anyone working with creative content. This comprehensive guide will delve into the specifics, clarifying what types of works are eligible for copyright protection and what isn't. We'll explore various categories and address common misconceptions.

What is Copyright?

Before diving into specifics, let's establish a foundational understanding. Copyright is a legal right granted to the creator of original works of authorship, including literary, dramatic, musical, and certain other intellectual works. This protection automatically exists the moment the work is fixed in a tangible medium of expression (like a written document, a recording, or a digital file). It grants the copyright holder exclusive rights to reproduce, distribute, display, perform, and create derivative works based on their original creation.

Categories of Works Protected by Copyright:

1. Literary Works: This encompasses a broad spectrum, including:

Books: Novels, short stories, poems, textbooks, and even e-books fall under this category.
Articles: Magazine articles, newspaper articles, blog posts, and scholarly papers are all protected if they are original works.
Computer Programs: The source code and object code of software are considered literary works.
Databases: Compilations of data, if they involve originality in selection, coordination, or arrangement, can be copyrighted. However, the mere collection of facts is not typically copyrightable.

2. Musical Works: This includes both the musical composition (melody, harmony, rhythm) and the lyrics. Copyright protection extends to:

Songs: Original songs, including their melodies, harmonies, and lyrics.
Musical Scores: Sheet music and other musical notations.
Sound Recordings: The actual recording of a musical performance is separately protected under copyright law, distinct from the underlying musical composition.

3. Dramatic Works: This category includes:

Plays: Stage plays, screenplays, and teleplays.
Musical Plays: Works that combine music and drama.
Dance Choreography: The steps and movements of a dance routine are protectable.

4. Pictorial, Graphic, and Sculptural Works: This broad category encompasses a vast array of visual art, including:

Paintings: Oil paintings, watercolors, and other forms of visual art.
Sculptures: Three-dimensional works of art.
Photographs: Original photographs, including digital photographs.
Drawings: Illustrations, cartoons, and other forms of drawings.
Maps: Original cartographic creations.
Architectural Works: The design of buildings and other structures.

5. Motion Pictures and Other Audiovisual Works: This category includes:

Films: Movies, both feature films and short films.
Television Programs: Original television shows and episodes.
Video Games: The visual elements and programming code of video games are protected.
Animations: Animated films, television shows, and other animated content.

6. Sound Recordings: As mentioned earlier, this refers to the actual recording of musical works, spoken word, or other sounds. It's distinct from the copyright protection for the underlying musical composition or literary work.

7. Architectural Works: The design of a building, including its overall form as created by the author, is protected.

What Cannot Be Copyrighted?

While many creative works are eligible for copyright protection, several things are excluded:

Ideas: Copyright only protects the expression of an idea, not the idea itself. Two authors might write about the same topic, using different expressions and stylistic choices. Both can have separate copyrights on their works.
Facts: Raw facts and data are not copyrightable. However, the original selection, coordination, or arrangement of these facts might be copyrightable, as seen in the case of databases.
Names, Titles, and Slogans: These are typically protected by trademark law, not copyright.
Works in the Public Domain: Works whose copyright has expired or that were never protected by copyright are freely available for use.
Works of the US Government: Works created by US government employees as part of their official duties are generally not eligible for copyright.
Simple, commonplace expressions: Short phrases, common expressions, or elements that lack sufficient originality to qualify for copyright protection.

Understanding "Originality" in Copyright:

Originality is a key requirement for copyright protection. It doesn't mean the work must be revolutionary or groundbreaking. Instead, it requires that the work be independently created by the author and demonstrate a minimum degree of creativity. This means it's not simply a copy of another work, but reflects the author's own intellectual input.

Copyright Registration: A Recommended Step

While copyright protection automatically attaches to a work upon its creation and fixation in a tangible form, registering your copyright with the relevant copyright office (like the U.S. Copyright Office) offers several benefits:

Legal Proof of Ownership: Registration provides prima facie evidence of ownership in case of a copyright infringement lawsuit.
Statutory Damages and Attorney's Fees: Successful copyright infringement lawsuits can lead to statutory damages and attorney's fees, which are not available without registration.
International Protection: Registration can facilitate the enforcement of your copyright in other countries.

Duration of Copyright:

The duration of copyright protection varies depending on the type of work and the year of creation. Generally, copyright protection lasts for a significant period, often decades after the author's death.

Frequently Asked Questions (FAQ):

Q: Can I copyright a photograph I took with my phone?

A: Yes, if the photograph is original and you took it. The fact that you used a phone doesn't affect its copyright protection.

Q: Can I copyright a recipe?

A: A recipe itself might not be copyrightable as a mere list of ingredients and instructions. However, if you've written a book or created a website with a unique presentation and accompanying text, those aspects could be protected. The presentation, not the recipe itself, is key.

Q: Does copyright protect my idea for a movie?

A: No, copyright protects the expression of your movie idea, not the idea itself. The actual script, screenplay, and film would be protected once created.

Q: If I use a copyrighted image without permission, am I infringing?

A: Yes, using a copyrighted image without permission is copyright infringement. This applies to any copyrighted work—music, text, artwork, etc.

Q: What is fair use?

A: Fair use is a legal doctrine that allows limited use of copyrighted material without permission for certain purposes, such as criticism, commentary, news reporting, teaching, scholarship, or research. Fair use is a complex area of law, and whether a particular use qualifies as fair use depends on a number of factors.

Q: How can I protect my copyright?

A: Copyright protection automatically exists upon creation and fixation. However, registering your copyright with the appropriate office provides legal advantages. Clearly marking your work with a copyright notice (© [Year] [Your Name]) is also good practice, although not legally required for protection.

Conclusion:

Copyright protection is a powerful tool for creators to safeguard their intellectual property. By understanding what can and cannot be copyrighted, creators can better protect their works and navigate the legal landscape effectively. Remember, while the law offers broad protection, understanding the nuances of originality, fair use, and registration is crucial for effective copyright management. Always seek legal counsel for specific situations to ensure your creative works are adequately protected.