The legal
protection known has "copyright" has come front and center over the past few
years with major legal rulings regarding peer-to-peer networks on the Internet.
Copyright protection, however, can be a confusing area of the law. This article
details what can and cannot be protected by copyright.
Copyright
Protection? - Yes Copyright protects "original works of
authorship" in a tangible, fixed form of expression. The material does need to
be directly perceptible as long as it can be expressed with the aid of
technology. A good example of this is a movie, which requires a projection
device of some sort.
Materials that can be copyrighted include:
1. Literary works;
2. Musical works, including any accompanying
words
3. Dramatic works, including any accompanying music
4.
Pantomimes and choreographic works
5. Pictorial, graphic, and
sculptural works
6. Motion pictures and other audiovisual works
7. Sound recordings
8. Architectural works
Each of these
categories is traditionally given a very broad reading. For instance, "literary
works" include computer programs and plans for building a home are considered
"pictorial, graphic, and sculptural works." While copyright cuts a broad path,
it doesn't cover everything.
Protected by Copyright? - No
If a work is not tangible, copyright protection will not apply. This can
lead to confusion, so here are a few categories not eligible for protection
from copyright:
1. Works that are not fixed. For example, the
statements made by experts at a round table discussion or a comedian's stage
act.
2. Titles, names, short phrases, and slogans. These materials may
be eligible for patent protection.
3. Ideas, procedures and methods.
Copyright protection is a valuable intellectual property tool. By
using copyright protection, you can create and produce materials without
worrying about them being swiped. That is, unless someone in China gets ahold
of it. In that case, all bets are off!
If it all possible, copyright the
material you produce to prevent others from misusing it.
ABOUT THE
AUTHOR Richard A. Chapo is a San Diego business lawyer with
http://www.sandiegobusinesslawfirm.com - providing legal
services and legal advice to businesses in San Diego, California.
