Overview
This lecture introduces the fundamentals of copyright law, explaining what is protected, the requirements for protection, and common limitations.
What is Copyright?
- Copyright protects original works of authorship fixed in a tangible medium, such as writing, art, music, or digital files.
- Copyright is an intellectual property right, separate from trademarks, patents, and trade secrets.
- U.S. copyright laws are found in Title 17 of the United States Code.
- You automatically have copyright protection once you fix a work in a tangible form; registration is not required but provides extra benefits.
- Registration with the U.S. Copyright Office offers additional legal advantages to authors.
Requirements for Copyright Protection
- A work must be original, created independently by the author, and show at least a minimal degree of creativity.
- The Feist Publications v. Rural Telephone Service case established that facts cannot be copyrighted; only original selections or arrangements may qualify.
- Copyright does not protect works that are not fixed in a tangible medium (e.g., unrecorded choreography or speeches).
- Works must be created by a human to qualify for copyright; AI or animal creations are not protected.
What Copyright Protects and Does Not Protect
- Copyright safeguards the specific expression of ideas, not the underlying ideas, procedures, processes, systems, or methods themselves.
- Titles, names, short phrases, and slogans are generally not eligible for copyright protection.
- Copyright does not extend to concepts, business operations, mathematical formulas, or universal themes.
- Trademark law may protect series titles, brand names, or slogans, but not individual titles or short phrases.
Registration and Additional Resources
- Registering a work with the U.S. Copyright Office can provide extra protections and legal remedies.
- Additional copyright resources, such as the Compendium of U.S. Copyright Office Practices and fact sheets, are available at copyright.gov.
Key Terms & Definitions
- Copyright — Legal right protecting original, creative works fixed in a tangible medium.
- Intellectual Property — Rights in creations of the mind, such as inventions, literary and artistic works.
- Tangible Medium — A physical or digital form that can be perceived, reproduced, or communicated.
- Originality — The requirement that a work must be independently created and show minimal creativity.
- Public Domain — Creative materials not protected by intellectual property laws and free for use by anyone.
- Trademark — Legal protection for brand names, logos, and commercial identifiers.
Action Items / Next Steps
- Review the Compendium of U.S. Copyright Office Practices and circulars at copyright.gov.
- Distinguish between copyright and other forms of intellectual property for future assignments.