Are you planning to launch a business soon? If it’s related to works of art, such as literary and musical pieces, you should consider applying for copyright protection to prevent other people from using your original creations without your permission. But first, what’s copyright?
Copyright 101
Copyright is a form of intellectual property that protects original creations from unauthorized use. It gives creators absolute ownership over their works, which prevents others from using their creations without consent—copyright infringement.
Aside from absolute ownership, registering for copyright may also grant creators other exclusive rights, such as:
- The exclusive right to distribute original creations;
- The exclusive right to produce copies of original creations;
- The exclusive right to display original creations; and the like.
Although it’s not always necessary, the copyright law may grant you the following benefits, such as:
- Your work will be listed and marked as copyrighted. This will inform other businesses and individuals as well as prevent them from using your creations without consent.
- The copyright law gives you the right to file a lawsuit against copyright infringement.
Furthermore, copyright application is simple. All you need to do is visit the website of the United States Copyright Office (USCO) for the submission of the application and payment of fees. If you don’t have time to spare, consider hiring copyright experts to guide you through the process.
What Should You Copyright
Not all original creations, such as logos, symbols, business names, and designs, can be registered for copyright. So, what types of creations are applicable for copyright registration? Keep on reading to find out more.
Literary works include textual creations with or without the inclusion of illustrations. These include fiction, non-fiction, theses, brochures, textbooks, speeches, directories, pamphlets, reports, poetry, manuscripts, collective works, and catalogs.
Other works that can be considered literary pieces are reference works, advertising copy, tracts, looseleaf volumes, secure tests, and dissertations. Products of technology, such as computer programs, games, and automated databases, are also considered literary works.
Musical works are songs composed by a composer or songwriter, including the accompanying lyrics. As a copyright owner, you have the right to distribute copies of your work as well as make derivative works, such as remixes, music videos, and interpolations.
Sound recordings are spoken or musical sounds recorded in a medium, such as a compact disc (CD) or a digital file. Although sound recordings and musical works are different under the law, you can file both at the same time with a single application fee.
Examples of sound recordings include sound effects, voice, animal noises, rain showers, winds, thunderclaps, and other sounds of nature.
Dramatic works include scripts, screenplays, plays, operas, scenarios, choreographic shows, and notations. In other words, all works intended to be presented in a dramatic way are considered dramatic works during the application process.
As the original creator, you have the right to reproduce, publish, adapt, and publicly perform your works. However, keep in mind that copyright protection may vary depending on employment and licensing agreements.
- Pantomimes And Choreographic Works
Choreography is the art of arranging dance patterns and movements, usually accompanied by music. On the other hand, pantomimes are the art of acting out characters, events, and situations with or without music.
Pantomimes and choreographic works don’t have to be presented to be copyrighted. Nonetheless, each work should be communicated to the audience through visual means. Also, note that physical fitness movements aren’t considered choreographic works.
- Pictorial, Graphic, and Sculptural Works
Pictorial, graphic, and sculptural creations include fine arts, graphic arts, applied arts, prints, art reproductions, photographs, maps, diagrams, models, globes, technical drawings, models, charts, and architectural plans. These can be in a two- or three-dimensional form.
Other works to be copyrighted as pictorial, graphic, and sculptural works include slides, greeting cards, fabric designs, wallpapers, tapestries, paintings, cartoons, glassware, and jewelry.
- Motion Pictures and Other Audiovisual Works
Motion pictures are a series of interconnected images that produce an impression of motion when shown in succession with accompanying sounds or music. They’re often placed in video disk, tape, or film.
A motion picture can only be copyrighted if secured in a fixed medium. Only the work inside that medium is protected under copyright law. Other elements, such as the concept behind the work, aren’t covered by the copyright.
Compilations are collections of pre-existing works arranged and coordinated as a whole, resulting in an original work of authorship. Some examples include books of poems, fables, and parables.
Keep in mind that a mere collection of facts isn’t considered collective work and may not be copyrighted because it lacks original and creative elements.
Derivative works are based on pre-existing works and may be protected under copyright law if they impart an original work of authorship.
Famous works by world-renowned masters can be copied by anyone. Nonetheless, creating an exact replica of the original work isn’t copyrightable. If your version depicts a new take on the original work, you may be able to copyright them.
Architectural works are building designs embodied in a tangible medium of expressions, such as plans, technical drawings, blueprints, and the structure itself. Some examples include churches, houses, museums, and office buildings.
Although the authorship of an architectural work covers the entire building, including its exterior elevations, some elements aren’t protected by copyright law. These include individual standard features (e.g., doors and windows), standard configurations (e.g., rectangular room), and interior designs (e.g., placement of lighting fixtures and wall painting).
What Are The Things You Can’t Copyright
There are many situations you can’t apply copyright. These often include works that aren’t fixed in a tangible medium of expression or have no original work of authorship. Some examples include:
- Factual information;
- List of ingredients, recipes, and formulas;
- A movie or book concept;
- Domain names;
- Names of organizations, businesses, and institutions;
- Pseudonyms, such as pen name;
- Mottos and slogans;
- Laws, including court decisions, statutes, constitutions, and ordinances; and so on.
If your work belongs to any of these categories, you won’t be able to protect it under copyright law.
Final Words
Copyright is a form of intellectual property that grants original creators exclusive rights over their creations, preventing unauthorized use, copy, and distribution. Some examples of works you can copyright include literary, musical, compilations, architectural, choreography, pictorial and graphic works, and motion pictures.
If you’re confused about the origin of your work, you may consult an intellectual property expert to guide you through the process.