Protecting Your Creative Works: What Copyright Covers

Copyright is a form of intellectual property law that protects original works of authorship. This includes literary, dramatic, musical, and artistic works. Copyright law does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed. Works that are not fixed in a tangible form are also not protected by copyright law. The scope of copyright law is broad and amorphous, and it can be difficult to determine exactly what your rights are. In this paragraph, we will explore the various types of works that can be protected by copyright law and how to protect them.

Books, magazines, and screenplays

Copyright is a type of intellectual property that protects original works of authorship as soon as the work is fixed in a tangible form of expression. Copyright law covers a wide range of creative works, including books, magazines, and screenplays.

Books

Books are one of the most well-known and traditional forms of copyrighted material. Copyright protection for books typically covers the text and any creative elements, such as illustrations or photographs included within the book. The copyright owner of a book is usually the author, unless the author has transferred the rights to a publisher or another party.

Magazines

Magazines, as a form of periodical publication, are also protected by copyright law. This includes individual articles, photographs, and other creative works contained within the magazine. The copyright owner of a magazine is typically the publisher or the individual authors/creators who contributed to the magazine's content.

Screenplays

Screenplays, also known as scripts, are another form of creative work protected by copyright law. Copyrighting a screenplay is important to establish ownership and protect the writer's intellectual property rights. Similar to books and magazines, screenplays are protected once they are fixed in a tangible form, such as a written document or digital file.

It is important to note that copyright protects the expression of an idea, not the idea itself. Therefore, when it comes to books, magazines, and screenplays, the specific arrangement of words, the structure, and the creative content are protected, rather than the general concepts or ideas presented.

Songs and musical works

Copyright protection for songs and musical works gives the owner the right to make and sell copies, distribute those copies, publicly perform or display the work, and create new works based on the original. It's important to note that copyright does not protect ideas, methods, systems, or processes. It only applies to original works of authorship that are fixed in a tangible form of expression.

In the context of songs and musical works, this means that the specific melody, harmony, rhythm, and lyrics are protected. For example, if someone were to create a song with the same melody and lyrics as a copyrighted song, that would likely infringe on the copyright owner's rights. However, copyright law does not protect the idea of a song or a musical work; it only protects the specific expression of that idea.

It's also important to understand that copyright protection for songs and musical works can vary depending on the jurisdiction and specific circumstances. For example, the duration of copyright protection can differ between countries. In general, copyright protection lasts for the life of the author plus a certain number of years after their death, but this can vary depending on the country and the type of work.

Additionally, it's worth noting that, while not a requirement for protection, registering a song or musical work with the relevant copyright office can provide additional benefits. For example, in the US, registering a work with the U.S. Copyright Office grants access to federal courts in the case of infringement. It also creates a public record of ownership, making it easier to pursue legal action if needed.

Audiovisual works

Copyright is a form of legal protection that prevents the unauthorized copying of original works of authorship. It is a type of intellectual property that safeguards the work of original authors by giving them the right to distribute copies or phonorecords of their work to the public, as well as the right to perform the work publicly. The key terms in the definition of copyright are "original authorship" and "fixed works". To be considered an original work, it must be independently created by a human author and exhibit a minimum level of creativity. AI-generated content does not qualify for copyright protection.

To be considered a fixed work, the work must be "perceived, reproduced, or communicated for more than a short time". For example, a photograph of a sunset taken on a phone is considered a fixed work because the image has been captured on a permanent medium and can be perceived for more than a short time. Simply appearing in a video, image, or audio recording does not grant one copyright ownership. For instance, if a friend takes a picture of you, they own the copyright to that image.

It is important to note that copyright protection can vary depending on the jurisdiction and circumstances. The duration of copyright protection also depends on when the original work was created. Generally, for works created on or after January 1, 1978, the copyright term is for the life of the author plus 70 years after their death. For anonymous or pseudonymous works, copyright lasts for 95 years from publication or 120 years from creation, whichever is shorter.

Architectural works

To obtain maximum protection under copyright law, architects should put a notice of copyright on each of their drawings, sketches, illustrations, specifications, and all other documents. This notice should include the word "copyright" or the copyright symbol (©), the year in which the document was created, and the name of the copyright holder (either the name of the individual architect or their firm).

Even without a copyright notice, architects still hold the copyright, and copyright law prevents others from copying their materials without permission. However, the absence of a notice may reduce the protection afforded by copyright law. For example, if a party uses a copyrighted work without a notice, they can claim "innocent infringement" to reduce their damages to the copyright holder.

In the United States, architectural copyright does not apply to pictures of buildings that are regularly visible from a public place. However, it does apply to the interior of non-public buildings. In the 2022 case Kipp Flores Architects, LLC v. AMH Creekside Dev., LLC, a realtor reproduced and marketed copies of blueprints of a single-family home without the authorization of the home's architect. The court ruled in favor of the realtor, citing the pictorial representations limitation of the law.

The protection of architectural works under copyright law is a developing area, and more architectural copyright holders are starting to demand protection.

Patents and trademarks

Patents, trademarks, and copyrights are different types of intellectual property. While copyrights protect original works of authorship, patents and trademarks are more concerned with inventions and branding.

Patents

Patents are a form of intellectual property protection that grants inventors the right to monopolize the manufacture, use, sale, and importation of their inventions. This right is limited to 20 years from the application date. Patents are closely associated with inventions and processes that are useful and contain new ideas. They prevent others from making commercial use of those ideas without the creator's permission.

Trademarks

Trademarks, on the other hand, are used to protect brand names, product and service names, logos, and other devices such as colors, sounds, or even smells. They are used to distinguish a company's goods or services from those of its competitors. Trademarks are always connected to specific goods or services sold to customers. For example, a trademark for the name "A Good Yarn" for a bookstore would prevent another company from using the same name for another bookstore.

In some cases, both trademark and patent laws can be used to protect different aspects of the same product. For instance, a company might obtain a patent for a design aspect of a device while also invoking trademark law to protect that design as a product identifier.

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