What May Be Covered Under Copyright Law?

Nearly everyone is familiar with the basics copyright. Copyrights surround us, whether they are in the worlds of print media, art and visual expression or audio and video. They are a form of legal contract that serves to protect authors and other types of creators from intellectual theft. In the digital age when stealing another’s visual or written material is as easy and copying and pasting on a computer, it is even more important to be aware of copyright law. The first step to understanding the legalities of copyrights involves knowing what creations are able to be protected by copyright law and which are not able to be copyrighted. Here are the basics you should know.

What Is Able to be Copyrighted?

There are a number of stipulations that must apply to your material in order for it to be potentially protected by copyright law.

• Protectable works must be the original material of the author. Works that are copyrighted cannot be from secondhand sources or belong to anyone else but the author seeking copyright.
• Protectable works must have a tangible form of expression. That is, something that can be copyrighted must inherently exist in some way that can be seen. You cannot copyright, for example, a concept or idea that is not written or recorded in some way.
• Protectable works must be fixed or static in the way that they are recorded. In other words, the material to be copyrighted must be written down, drawn out, preserved via audio or visual media or recorded in some other way that is unchangeable.

These regulations limit the kinds of things that may be eligible for copyright protection. Generally, most authored works that will fit the above qualifications will fall into one of the following classes of material.

• Works of literature, such as books
• Works of sculpture and visual arts, such as paintings and graphics
• Works of music and their associated lyrics, such as songs
• Other sound recordings, such as lectures
• Works of video that combine audio and visual effects, such as movies
• Works of drama and musicals, such as plays or operas
• Works of movement, such as choreographed dance performances
• Works of architecture, such as a specifically designed building

As you can see, these categories include many different types of protectable materials that range from maps and blueprints to audio recordings and even computer programs. If you are not sure which category your material might fall into, you may want to consult an attorney or specialist who deals specifically with copyright law.

What Is Not Able to be Copyrighted?

Any forms of material that do not fall into the categories listed above are typically unable to be copyrighted if they do not exist in a fixed, recorded format. Examples of works that may not be able to be protected under copyright law include the following.

• Works that fit into the classes of material above, such as musicals or choreographed dances, but do not have written or visual record of their form
• Discoveries, inventions, concepts, ideas, procedures, principles, methods and principles that do not inherently constitute a complete written or audiovisual work
• Pieces or aspects of recorded materials that do not themselves comprise an entire work, such as a title, a list of ingredients, a phrase or a used, recognizable symbol
• Materials that are derived solely from knowledge that is considered common, such as mathematical formulas or lists of information that are universally accessible

Depending on the nature of a created piece, it can sometimes be difficult to assess whether a certain work is able to be copyrighted or not. In cases like these, it is better to consult an expert in copyright law than proceed forward aiming to claim legal protection over your work.

Legal Disclaimer

The content on our website is only meant to provide general information and is not legal advice. We make our best efforts to make sure the information is accurate, but we cannot guarantee it. Do not rely on the content as legal advice. For assistance with legal problems or for a legal inquiry please contact you attorney.