One of my favorite types of intellectual property to work with are copyrighted works. Copyright is a protection that is provided in Article I, Section 8, Clause 8 of the U.S. Constitution: “The Congress shall have power…[t]o promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.” Copyright has expanded beyond protecting authors and their writings. Now, the protections for copyrights are enumerated in the U.S. Copyright Act, 17 U.S.C. 102.
Copyright protections can be granted to “original works of authorship fixed in a tangible medium of expression.” 17 U.S.C. 102(a). Typically, this is broken into three parts: (1) original (meaning no one else has done this), (2) works of authorship (meaning that it was authored or created by you), (2) fixed in a tangible medium of expression (meaning it isn’t just in your head). Section (b) adds that procedures, systems, ideas, or principles can’t be given copyright protection, even if they are in that tangible medium of expression.
For a bit more guidance, the Copyright Act does provide categories that may be works of authorship. They are literary works, musical works, dramatic works, pantomimes and choreographic works, pictorial, graphic, and sculptural works, audiovisual works, sound recordings, and architectural works. If you have one of these, they may be entitled to copyright – so long as they otherwise fit the qualifications.
If you have more questions on what can be copyrighted, you can reach out or visit copyright.gov or give us a call.
by Samantha Peaslee
