Copyright is a type of intellectual property protection that gives exclusive rights to the persons who create original works. These works may include literary, musical, artistic, dramatic, or other intellectual or creative works. Copyright is a form of intellectual property law, and it applies both to published and unpublished works. The law gives protection to the copyright holder of the original work, giving the person complete control over the work and authorize its use. The protection starts from the moment a person files the required documents to the United States Copyright Office and covers every aspect of the economy.
Copyright does not offer protection for ideas. This means that you cannot copyright ideas or facts. The work has to be on a tangible medium. Works that are still intangible, and are not rendered onto a physical, tangible medium, are considered ideas and cannot be copyrighted.
Unlawful usage of copyrighted works is known as copyright infringement. If a person or entity uses your work unlawfully, you can seek the help of a copyright attorney, who can represent your interests in disputes over copyrighted work.
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What types of works can be protected by copyright?
Virtually all common types of creative works can be protected by copyright. These include books, songs, movies, and other creative expressions. There are eight main categories of works protected by copyright. Here they are:
#1 – Literary works
These include books, blog posts, reviews, press releases, newspaper articles. Even simple emails can be considered literary works. The definition of literary works is very broad and may include computer programs or algorithms.
Literary works are described as works expressed in words, numbers, or verbal or numerical symbols. This definition essentially includes every written creative work imaginable. Literary works as novels, essays, poems, and stories are included, but non-literary works can also be protected. For example, catalogs, databases, reference books, technical manuals, and other works can be protected. On the Internet, emails, blog posts, computer programs, and posts on online forums can be protected.
#2 – Musical works
They include musical notations of all kinds, both the instrumental component of the work and the accompanying words. For example, simple violin notes can be protected by copyright. Similarly, the guitar intro to Stairway to Heaven by Led Zeppelin is considered a musical work. Protection is guaranteed both for the author of the lyrics and the musical notation and the performer (the song's writer and the singer).
Musical works have a special status, as they have to go through “compulsory licensing” once they have been released publicly. The compulsory licensing lets any musician perform a cover of the original song without getting permission from the original writer. This is the reason why karaoke versions of a song are readily made and released.
There is no compulsory licensing for other creative works. For example, a playwright can deny the ability to perform his play even if someone asks for permission and is willing to pay for it.
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#3 – Dramatic works
These include TV scripts, screenplays, plays, and other dramatic representations. This category shows that works can overlap in many other categories. For instance, the musical score can be copyrighted separately, both as a musical work or as a dramatic work. Also, screenplays can be copyrighted both as literary or dramatic works, depending on the creator.
#4 – Choreographic works and pantomimes
These include dance performances, ballets, or mime shows. Copyright protection can only be given to a work that is recorded, so these shows must be videotaped, photographed, or written in shorthand for choreography. A choreographic work or pantomime must be recorded or written in detail to enable the work to be performed from that description. In other words, another performer must be able to redo the choreographic show based on a description.
Although most choreographic works can be protected by copyright, folk and traditional dances cannot be protected.
#5 – Graphic, pictorial or sculptural works
These works include illustrations, paintings, drawings, prints, sculptures, traditional art, plans, drawings, photographs, and art reproductions. Useful objects are also included, like charts, globes, maps, book and magazine designs, and advertising art.
As long as the work of art is original, it can be protected, no matter how poor the artistic quality of the work actually is. In other words, a work created by the best modern painter gets the same protection as your latest concert photo taken with your cell phone camera.
Graphic works which are considered utilitarian, such as maps or charts, often run into a common problem – copyright does not offer protection for utilitarian works. For example, fashion design cannot be protected by copyright, as it is considered utilitarian. Also, sculptural works which are utilitarian cannot be protected by copyright. For example, an industrial design cannot be protected – this includes the design of refrigerators, coffee makers, ovens, and other appliances.
#6 – Motion pictures
These works combine both images and recorded sound. This includes everything from movies to slideshows, video podcasts, recorded in any medium (VHS tape, digital files, or 35 mm film).
#7 – Sound recordings
Sound recordings are defined as works resulting from the fixation of a series of musical, spoken, or other sounds. Sound recordings are considered distinct from musical works (musical works include the music notation as composed by the creator).
Sound recordings can be simple recordings on a physical medium, like a tape, a CD, or an mp3 file. The protected parts of the recording can be how the song is sung by the performer, how the music is arranged and how the instruments are used.
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#8 – Architectural works
Even architectural works can be protected by copyright. They include architectural blueprints, drawings, or even buildings. You can get copyright protection for the complete work, as well as distinct parts or small details. On the other hand, you cannot get protection for basic concepts, like the standard features that make a building habitable or useful.
Protection is usually given to the “arrangement and composition of spaces or elements”. Even though a house is composed of utilitarian items, like bathrooms, bedrooms, or kitchens, an architect can arrange these in a novel way. This type of novel architectural work can be protected.
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