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What A Copyright Protects - Step 1
What can be protected by copyright law?
A copyright protects you from having others reproduce your original work, whether or not it is published. It applies to all kinds of original expression, including the following: poetry, movies, plays, musicals, music, lyrics, dances, pantomimes, computer software, maps, architecture, art, sculpture, photography, video recordings of any kind, sound recordings of any kind, original works of any kind that appear on your website (see below), free software and freeware.
Even your favorite recipes can be copyrighted as long as they are part of a "literary expression" that includes directions and explanations, or when the recipes are compiled in a book
The key words are "original" and "expression." An expression means a written, recorded or otherwise tangible representation of the idea. For instance, if a student stands in front of a class and gives a presentation off the top of his head, that is not copyrighted. But if that presentation is recorded in some way, that recording could be copyrighted. If a dancer performs before an audience, that is also not copyrighted. But the written notes, directions and choreography that went into producing that dance can be copyrighted, as well as any recording of that dance, including photographs.
Who has the right to copyright protection?
Only the author or creator of the work (a photographer or painter, for instance) has the right to copyright the work, with the following exceptions:
An "assignee" or heir of the creator can claim copyright. An assignee is someone to whom the creator legally gave the right to copyright the original expression. Similarly, a person or company can claim a copyright in a work produced by another if that work was done as part of a contract or written agreement in which the creator transferred those rights to the person or company paying for it. This is called a "work made for hire." One of the most common examples is a story or photograph created by a freelance journalist who is paid to produce the work for a newspaper or journal.
Likewise, an employer can claim copyright if the expression was created by an employee in the course of his or her employment.
When can websites be copyrighted?
Whether or not material on your computer, including your databases, blogs, journals and web page, can be copyrighted is a complex issue.
In general, if you have original work on the web page, you can copyright it, even if the page itself cannot be copyrighted. However, the copyrightable content must be identified as such and received in the U.S. Copyright Office, along with an application form and filing fees. The application cannot include already published material or material in the public domain that already exists on the web page.
Material is in the public domain when it becomes part of the cultural heritage by virtue of age and use, such as the writings of William Shakespeare or the drawings of Leonardo Da Vinci; when someone allows their work to enter the public domain; when a copyright expires; or in those cases in which copyright law does not apply, such as mathematical formulae or works created by the United States Government.
When a web page is updated or changed, a new copyright application must be filed to protect any additional original expressions on that site unless it is a serial, such as a regularly published newsletter. A separate application and fee apply to serials.
You cannot copyright your domain name, but other avenues exist to try and protect it.
What cannot be protected by copyright?
A copyright does NOT protect ideas, systems or methods of operation, but it may protect the books, documents and other items in which these things appear. It also does not protect a slogan or logo. Some of these things may be protected by trademark or patent law.
Copyright law does not apply to works already in the public domain (see above) or works created by the federal government.
Titles, names (including the name of your son's band) and short phrases are also not copyrighted, nor are familiar symbols or designs, such as a railroad crossing sign, stop sign or cross walk sign. Letters of the alphabet are, clearly, not copyrighted, and neither are any mere variations of those letters. When you create that recipe book, the ingredients are not copyrighted. Remember, the expression must be original.
((Go To Step 2: Advantages of a Copyright))
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