Only original works of authorship may be copyrighted. This means that the original creator of the work or his or her agent is the only one who may obtain a copyright. You cannot take someone else's work and copyright it.
Find out more about Copyrights
Excellent
by LegalZoom staff
Updated on: February 2, 2024 · 8 min read
Intellectual property rights are essential to all creators. After all, the right to reproduce or distribute works can expand your audience and turn a profit, allowing you to protect your work. But creators need to learn what can be copyrighted.
Copyright protections help avoid legal and financial issues around your work. They also ensure fair compensation for the use of your output. To help protect your works, we'll outline what copyright is, what is protected by copyright, and the basics of copyright law.
Intellectual property rights are essential to all creators. After all, the right to reproduce or distribute works can expand your audience and turn a profit, allowing you to protect your work. But creators need to learn what can be copyrighted.
Copyright protections help avoid legal and financial issues around your work. They also ensure fair compensation for the use of your output. To help protect your works, we'll outline what copyright is, what is protected by copyright, and the basics of copyright law.
Copyright protection refers to ownership rights to use or distribute creative works. Copyright protection ensures that authors retain control over their work. You control an original work's copyright just by making it, and if the copyright is registered, a creator can take legal action if someone else uses or distributes their material.
To better understand copyright protections, we'll explain how it works, why copyright is important, and what works get protection.
Only original works of authorship get copyright protection. So only the original creator or agent may obtain the copyright. With this protection in place, someone:
Copyright gives creators ownership of their work while allowing public access to it. Specifically, copyright lets authors:
Copyright protections apply to original creative works. Copyright most often applies to media such as books, movies, or sound recordings.
Copyright protections don't protect general concepts, methods, or common knowledge. A work must also exist in a tangible form to receive copyright protection. For example, you can't copyright an improvised performance that wasn't recorded.
Copyrights and trademarks protect intellectual property, but they work for different types of entities:
Copyrights:
Trademarks:
Patents:
The following types of works receive protection under current copyright law:
This includes novels, nonfiction works, poems, articles, essays, directories, advertising, catalogs, speeches, and computer programs. Joint writers who co-author a book each get copyright power unless they make an agreement stating otherwise.
This category includes both musical notation and accompanying words. Copyright on the sound recording of a track falls into a different category.
Dramatic works include plays, operas, scripts, screenplays, and any accompanying music. For others to put on your show, theaters or producers can pay you a licensing fee.
This category includes dance steps and physical acting dictated by movement. Popular dance steps are not included in this type of work.
This category generally refers to visual art. The types of works in this category include:
These include movies, videos, and film strips. Video content published online applies to this category. However, many platforms introduce terms of use contracts that affect your owner's rights.
This includes recorded music, voice, and sound effects.
You can assemble a collection of existing materials, and the collection can get copyright protection.
A derivative work is a work based on one or more already existing works, and it is copyrightable if it includes what the copyright law calls an “original work of authorship."
Works such as the "Mona Lisa" or the "Venus de Milo" are in the public domain, so anyone can use them. For example:
Previously, it was impossible to copyright a building—only the plans used to build it were copyrightable. The Architectural Works Copyright Protection Act of 1990, however, extends copyright protection to the buildings themselves. This brought the United States into compliance with the Berne Convention, a set of international rules on intellectual property.
The Semiconductor Chip Protection Act of 1984 protects semiconductor chip designs. Although the protection differs from regular copyright, the process and forms are very similar, and the Copyright Office administers the procedure.
The Vessel Hull Design Protection Act of 1998 made possible the copyrighting of the designs of boats. Protection lasts for 10 years.
Intellectual property law plays a crucial role in copyright. To avoid legal troubles, we'll outline the main legal considerations.
To copyright something, it needs to display three elements:
The Copyright Act outlines technical criteria as well:
“To be copyrightable, a work of authorship must be fixed in any tangible medium of expression, now known or later developed, from which [it] can be perceived, reproduced, or otherwise communicated, either directly or indirectly with the aid of a machine or device."
You can find copyrights by checking work for trademarks or copyright notices. For a more exhaustive search, you can review current copyrights.
In the public catalog, you can find all copyrights registered since January 1978.
The U.S. Copyright Office uses five different forms to register a copyright. The form you file depends on the type of work you want to register. The forms focus on different types of works, including:
By creating a work, copyright holders receive six exclusive privileges to:
To protect your intellectual property, follow these best practices:
To round out the last details about copyright protection and what can be copyrighted, we answered a few FAQs.
For works created after Jan. 1, 1978, copyrights last for the entire life of the creator, plus 70 years.
The public domain encompasses all works that go without copyright protection. These works generally don't have copyrights because:
Creators can quote, borrow from, or reuse works in the public domain. For example, the copyright has expired on every original Sherlock Holmes story. So anyone can adapt or remake these works according to their own vision.
Before 1989, the image of a C in a circle was a copyright notice staking a creator's claim to their work. Previously, you had to include this symbol to receive copyright protection. After 1989, the U.S. changed its copyright policy, so you only had to create a work to establish a copyright claim.
What does copyright protect? It protects artists' and businesses' ownership of their original works. You retain the right to reproduce and distribute your hard work by learning what can be copyrighted. Copyright protection gives you control over your output, whether you're looking to spread a message or turn a profit.
You may also like
Why Do I Need to Conduct a Trademark Search?
By knowing what other trademarks are out there, you will understand if there is room for the mark that you want to protect. It is better to find out early, so you can find a mark that will be easier to protect.
July 31, 2024 · 4min read
How to Write a Will: A Comprehensive Guide to Will Writing
Writing a will is one of the most important things you can do for yourself and for your loved ones, and it can be done in just minutes. Are you ready to get started?
July 21, 2024 · 11min read
How to Get an LLC and Start a Limited Liability Company
Considering an LLC for your business? The application process isn't complicated, but to apply for an LLC, you'll have to do some homework first.
October 3, 2024 · 11min read