What type of items can be copyrighted

However, only the inventor could apply for patent protection for her process. After applying for the patent, and going through a rigorous examination of the patentability of her patent, the U.

Patent and Trademark Office might grant her a patent. At that point, she could prevent all others from using her idea. For more discussion on patent protection, see the BitLaw discussion on patents.

A fact, such as George Washington's birthday or the Pope's address and phone number, is considered synonymous with an idea. It makes no difference how much effort went into discovering a particular fact. Even if it took two years of research to discover a fact, the fact is still not protectable under copyright laws. It is possible that a compilation of facts is protectable as a compilation, as long as the compilation required a minimum degree of originality see the BitLaw discussion of compilation copyrights for more information.

Although graphical or literary elements that might be found on a form such as a photograph or a detailed explanation of a term would be subject to copyright protection, there is no copyright in the blank form itself.

The blank form is considered to be a type of idea, a conclusion which stems from an old Supreme Court decision. Copyright protection is generally not available to articles which have a utilitarian function.

Examples of these types of "useful articles" would include lamps, bathroom sinks, clothing, and computer monitors. Under the Copyright Act, the only copyright protection available to these items is for "features that can be identified separately from, and are capable of existing independently of, the utilitarian aspects of the article. Some distinctions are clear.

Words, Phrases, or Familiar Symbols In general, copyright does not protect individual words, short phrases, and slogans; familiar symbols or designs; or mere variations of typographic ornamentation, lettering, or coloring; mere listings of ingredients or contents.

Works in the Public Domain You can use any work in the public domain without obtaining permission of the copyright owner. However, there are some rules of thumb that will help you with this analysis: First, any work that was published before is in the public domain. Second, any work published without a copyright notice between and is in the public domain.

Third, works created after generally are not in the public domain, regardless of notice or registration, unless the work has been dedicated to the public domain.

Creative Commons' Podcasting Legal Guide gives two examples that illustrates this potential issue: Photographs of the Mona Lisa that are designed to precisely replicate the original work will likely not enjoy copyright protection because they are intended to capture Leonardo Da Vinci's expression of the painting as closely as possible.

However, a photograph of a sculpture that is in the public domain may be protected by copyright because of the skill and creativity involved in composing the photograph. The text of a book in the public domain may be used freely, but a current publisher of the book may have copyright rights to the expressive elements of a recently published edition e.

Request new password. Will E. Court's Privacy Ruling Break the Internet? Hear Ye, Hear Ye! Service and Research at the Frontier of Media Law. Disclaimer Information in this guide is based on general principles of law and is intended for information purposes only; we make no claim as to the comprehensiveness or accuracy of the information.

It is not offered for the purpose of providing individualized legal advice. Recording Phone Calls and Conversations. California Recording Law. Using the Name or Likeness of Another. State Law: Recording. Find out more about copyright registration and documentation systems. Using WIPO PROOF complements voluntary copyright registration systems by offering creators the possibility of recording and digitally certifying possession of the work.

This digitally encrypted proof, which cannot be modified, can certify the existence of the work at a moment in time. Copyright touches our lives on a daily basis.

Whether you read a book, watch a film, transfer music, or take a photo, copyright issues are ever-present. Explore copyright topics and issues. Innovation and creativity are key drivers in the world of sport. In every sporting field, inventors and creators are working behind the scenes to push the boundaries, creating new opportunities for enjoyment and for athletes to better their performance. Publisher Jason Epstein shares his views on the road ahead for publishing and the role of copyright.

The work of museums in preserving, managing and facilitating access to the works in their collections involves some unique copyright-related issues. Copyright law aims to balance the interests of those who create content, with the public interest in having the widest possible access to that content. WIPO administers several international treaties in the area of copyright and related rights. The WIPO Lex database is a comprehensive search tool that allows you to search national laws and international treaties on intellectual property IP.

The Standing Committee on Copyright and Related Rights SCCR is the forum where WIPO member states and observers meet to discuss, debate and decide on issues related to the development of balanced international legal frameworks for copyright to meet society's evolving needs. This joint initiative between WIPO and the Music Rights Awareness Foundation supports creators around the world in ensuring they are fairly remunerated for their work by increasing knowledge and awareness of their IP rights.

Charter Press Release. Business Universities Judiciaries. What can be protected using copyright? Nonetheless, broadly speaking, works commonly protected by copyright throughout the world include: literary works such as novels, poems, plays, reference works, newspaper articles; computer programs, databases; films, musical compositions, and choreography; artistic works such as paintings, drawings, photographs, and sculpture; architecture; and advertisements, maps, and technical drawings.

What rights does copyright give me? What are my rights as author of a work? There are two types of rights under copyright: economic rights , which allow the rights owner to derive financial reward from the use of his works by others; and moral rights , which protect the non-economic interests of the author.

The economic rights owner of a work can prohibit or authorize: its reproduction in various forms, such as printed publication or sound recording; its public performance, such as in a play or musical work; its recording, for example, in the form of compact discs or DVDs; its broadcasting, by radio, cable or satellite; its translation into other languages; and its adaptation, such as a novel into a film screenplay.

Can I register copyright? How can I obtain certified proof of existence for my creative work? Do I need to include it on my work? How long does copyright protection last? Can I protect my works internationally using copyright? Can I copyright my software or mobile app? There is no searchable international registry of copyright-protected works.

My published work has been reproduced without my permission. What can I do? How can I manage copyright-protected works? What are collective management organizations? How can I find the copyright laws of various countries? Who owns the copyright to a work? If I create a work whilst in employment, who is the copyright holder?

Do I need authorization to use a work protected by copyright? You may be allowed to use a protected work without any kind of authorization under two sets of circumstances: Limitations and exceptions may exist at the national level, allowing you to use the work.

Works can also sometimes be made publicly available under specific conditions or licenses that allow certain uses. There are several such licenses in common usage, e.

If you are in doubt, it is always advisable to speak to an intellectual property attorney. How can I identify and get in touch with the copyright owner of a work? What are limitations and exceptions to copyright? Examples of limitations and exceptions include: the quotation of works; the use of news of the day; or the creation of accessible formats for print disabled people.