Copyright

Copyright is a type of intellectual property that protects “original works of authorship.”

Literary works (poetry, novels, newspaper articles), musical works (songs and their lyrics, orchestral compositions, movie scores), dramatic works (films, plays) and visual arts (paintings, prints, comics, sculptures) easily come to mind when thinking of works that probably have copyright protection.

However, copyright can be a lot broader! U.S. law allows you to claim copyright in software, architecture, fictional characters (for example, Superman), pantomimes and even your business’s logo. Online, the contents of a website or blog, including its text, graphics and videos, can also have copyright protection.

This broad nature of copyright is no accident. The Copyright Act acknowledges that future technologies may create new kinds of content that can be protected. When the founding fathers provided for copyright in the U.S. Constitution more than 200 years ago, they surely could not fathom billion-dollar superhero movie franchises or the Internet!

So, instead of providing an exhaustive list of things that can have copyright, the law simply establishes certain elements that must be met for a work to have copyright protection.

Elements of Copyright

To be copyrightable, a work must:Macaca_nigra_self-portrait_large-217x300.jpg

  • Contain a minimal degree of creativity
  • Be created by a human author (The recent case of Naruto v. Slater confirmed animals are not afforded rights under U.S. copyright law. This ruling meant “Naruto”, a crested macaque monkey who took a charming and commercially-viable selfie, could not sue to own the copyright of the photograph.)
  • And be fixed in a tangible medium

The work has to be captured in a way to that it can be perceived, reproduced, or communicated for more than a short time.

Copyright protection in the U.S. exists automatically from the moment the original work of authorship is fixed.  You do not have to register the copyright, print a copyright notice on the item, or publish the work to have copyright protection!

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Copyright Licensing and Assignments

Rights usually belong to the person who created the work, but a copyright may be assigned or transferred from one party to another. One very common example of copyright assignment is when a musician records an album for a record company and agrees to transfer all copyrights in the recordings to the record company in exchange for royalties and other forms of compensation.

Another common way to transfer rights is through a “work-for-hire” relationship.Whether a copyright is transferred through a “license” or an “assignment”, or is a “work-for-hire”, can be a complicated legal issue – they are not the same thing and have different results! If handled incorrectly, it can be confusing who actually has rights over a particular creative work.

If you have questions about copyright law, how to register your works with the U.S. Copyright Office, need guidance on how to transfer your copyright, or what to do if you think someone is violating your copyrights, contact our Intellectual Property team today.

Photo Credit: Kelli Tungay on Unsplash

Colorado Copyright Lawyers

Do you have questions about copyright? Intellectual property is a confusing area of law that can be hard to navigate on your own. Lucky for you, we have handled copyright cases before and will give you the information you need about your situation. Contact our office of experienced attorneys today to answer your questions.