Anaya Nolan
Copyright law is a form of intellectual property law that protects original works of authorship that are fixed in a tangible medium of expression. This includes literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture. Copyright does not protect facts, ideas, procedures, systems, or methods of operation, but it may protect the way these things are expressed. For example, a recipe with a list of ingredients is not protected, but when accompanied by literary expression in the form of explanations or directions, it may be eligible for copyright protection. Similarly, a sighting of Elvis cannot be copyrighted, but a photo or other depiction of the sighting can be. Audiovisual works, such as TV shows, movies, and online videos, are also eligible for copyright protection. The primary purpose of copyright law is to foster the creation and dissemination of works for the benefit of the public by providing economic incentives for authors and creators.
| Characteristics | Values |
|---|---|
| Type of law | Intellectual property law |
| What it protects | Original works of authorship |
| Examples of protected works | Literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture |
| What it does not protect | Facts, ideas, systems, or methods of operation |
| Exceptions | The way facts, ideas, systems, or methods of operation are expressed may be protected |
| Other exceptions | Audiovisual works, such as TV shows, movies, and online videos |
| Protection period | Life of the author plus 50 years (international minimum standard), life of the author plus 70 years (US law) |
| Registration | Not required, but recommended for public record and certificate of registration |
| Fair use | Yes, certain uses are permitted under fair use, including criticism, comment, news reporting, teaching, scholarship, and research |
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What You'll Learn
Literary, dramatic, musical and artistic works
Copyright is a form of intellectual property law that protects original works of authorship. Literary, dramatic, musical, and artistic works are all protected by copyright law. This includes poetry, novels, songs, movies, computer software, and architecture. However, it is important to note that copyright does not protect facts, ideas, systems, or methods of operation, although the way these things are expressed may be protected.
Literary works cover a wide range of formats, including fiction, non-fiction, poetry, textbooks, reference works, directories, catalogues, advertising copy, compilations of information, computer programs, and databases. Literary works can be registered with the U.S. Copyright Office, which provides public recognition and additional legal protections. Registration is not required, as copyright protection is automatic, but it is recommended for these additional benefits.
Dramatic works include plays, screenplays, pantomimes, and choreographic works. These can be registered as "Works of the Performing Arts" with the U.S. Copyright Office, which also covers musical works with or without lyrics.
Musical works include songs and other compositions. They can be registered as "Works of the Performing Arts" with the U.S. Copyright Office, as mentioned above.
Artistic works include two-dimensional and three-dimensional fine art, graphic art, applied art, photographs, prints, art reproductions, maps, technical drawings, and architectural works. These can be registered as "Visual Arts" with the U.S. Copyright Office.
It is important to note that, while copyright protection is automatic, there are some limitations to what can be protected. For example, a mere listing of ingredients is not protected under copyright law, but a recipe or formula accompanied by substantial literary expression or directions may be eligible for protection. Similarly, domain names are not protected by copyright law, but the original authorship on a website, such as writings, artwork, and photographs, may be protected.
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Audiovisual works
Copyright holders have the right to control most uses of their works. However, there are some exceptions. For example, some copyright holders allow their works to be used without payment, with a few requirements. In some cases, content from a copyright-protected work can be used without the holder's permission, as long as they are credited.
In the US, the TEACH Act allows for the performance of reasonable and limited portions of audiovisual works to be transmitted digitally for distance education. Similarly, the Digital Millennium Copyright Act (DMCA) has exemptions that allow researchers, scholars, and others to circumvent digital locks to access copyrighted materials for educational and research purposes.
It is important to note that just because someone appears in a video, image, or audio recording, it does not mean they own the copyright to it. For example, if a friend takes a picture, they would own the copyright to that image.
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Recipes
Copyright law protects original works of authorship that are fixed in a tangible medium of expression. This includes literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture. While simple recipes are generally not protected by copyright law due to the idea-expression dichotomy, cookbooks as a compilation of recipes can be protected. This is because the selection, arrangement, and coordination of the recipes within the cookbook are considered creative. However, this copyright protection does not cover the individual recipes within the book.
A recipe or formula accompanied by "substantial literary expression" can be protected by copyright law. This literary expression can take the form of detailed directions or creative descriptions or explanations of the cooking or baking process. It's important to note that even with this creative expression, the copyright will not cover the recipe's ingredient list, underlying process, or resulting dish. The copyright only protects the expression of these facts, allowing others to express the recipe differently without infringing on the creator's copyright.
For example, a recipe for chocolate chip cookies may not be protected by copyright law. However, if the recipe includes a unique story about the recipe's origin or detailed instructions on how to creatively shape the dough into various designs, it may be eligible for copyright protection. This protection would cover the specific literary expression and not the recipe's ingredients or process.
Additionally, it's worth noting that while copyright law protects creative works, it does not protect ideas, facts, systems, or methods of operation. This distinction is essential to understand when considering copyright protection for recipes, as the expression of the recipe must be creative and go beyond simply listing ingredients or basic instructions.
In summary, while simple recipes typically do not qualify for copyright protection, cookbooks and recipes with substantial literary expression or creative explanations may be protected. It's important to understand the distinction between protecting the expression of an idea rather than the idea itself when considering copyright law for recipes.
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Photographs
Copyright protection for photographs exists from the moment an original work is "fixed" in a tangible medium. For photographers, fixation occurs when a picture is taken. However, while copyright protection exists automatically, the U.S. Copyright Office recommends registering photographs with them. Registering a photograph creates a public record of ownership and provides additional legal benefits, such as the ability to bring an infringement claim and seek monetary remedies.
It is important to note that copyright law protects the original photograph, not the subject of the photograph. For example, if a friend takes a picture of you, they own the copyright to that image. Additionally, copyright law does not protect mere symbols or short slogans.
In terms of using photographs created by others, permission is generally required from the copyright holder. However, there are exceptions. For example, permission is not required if the copyright has expired or for specific acts permitted by law ("permitted acts" or "exceptions to copyright"). People can use copyrighted works without permission for private study or non-commercial research, although some exceptions do not apply to photographs.
Furthermore, in cases where an artist has significantly altered a photograph, such as in a collage, a court may find the use transformative and non-infringing. Additionally, simply creating a copy of an image does not result in a new copyright for that copy. However, there is some uncertainty regarding whether copyright can exist in digitised copies of older images for which copyright has expired.
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Computer software
In the context of computer software, copyright can protect the software code itself, which is a particular sequence of instructions that drive a computer according to a certain underlying process. This is considered a literary creation, similar to a book. Copyright for computer programs prohibits not only literal copying but also the copying of "nonliteral elements," such as the program's structure, sequence, and organization.
It's important to note that copyright protection for computer software may vary depending on the country. For example, in Canada, software is protected as a literary work under the Copyright Act. In India, the Copyright Act includes computer software under the definition of literary work. In the United States, the law has recognized that computer software can be protected by copyright, but there are still debates and uncertainties regarding the protection of transient copies and user interface elements.
To ensure effective copyright protection for computer software, it is recommended to register the work. Registration provides public recognition of the copyright, and in some jurisdictions, it may be considered prima facie evidence in court. Additionally, registered works may be eligible for statutory damages and attorney's fees in successful litigation.
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Frequently asked questions
Copyright law is a form of intellectual property law that protects original works of authorship that are fixed in a tangible medium of expression.
Copyright law can protect literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture. Audiovisual works, such as TV shows, movies, and online videos, are also eligible for copyright protection.
Copyright law does not protect facts, ideas, systems, methods of operation, procedures, or lists of ingredients. It also does not protect domain names, utilitarian elements of industrial designs, or familiar symbols or designs.
The author of the work or their heirs or assignees typically own the copyright. Simply appearing in a video, image, or audio recording does not grant copyright ownership. For example, if your friend takes a picture of you, they own the copyright to that image.
The international minimum standard for copyright protection is the life of the author plus 50 years. However, this duration may vary depending on the country and the specific circumstances of the copyrighted work.
