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Overview of Copyrights

What are Copyrights?

Written by Jason Gordon

Updated at September 26th, 2021

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Table of Contents

What is a copyright?What Cannot be Copyrighted?Discussion QuestionPractice QuestionAcademic Research

What is a copyright?

Copyright is a form of intellectual property protections applicable to original expressions by the creator. The primary federal law governing copyrights is the Copyright Act of 1976. An original expression, for purposes of copyright law, is a very broad term. Section 102 of the Copyright Act identifies several categories of protectable subject matter, as follows: literary, musical, dramatic, pictorial, graphic, sculptural, audiovisual, and architectural works.

Next Article: Rights of Holder of a Copyright Back to: INTELLECTUAL PROPERTY

What Cannot be Copyrighted?

Section 102 also excludes several categories: facts, page numbers, mathematical equations, ideas, procedures, processes, systems, methods of operation, concepts, principle, or discovery.

While ideas and facts are not protectable, copyright protects the unique method of expressing ideas or facts. Section 103 specifically identifies compilations of fact that constitute original works as protectable. The facts must be arranged or presented in an original way.

Note: Any work that has entered the public domain is not capable of protection.

Example: Common forms of copyrighted expressions include: literature, music, musical performance, choreography, art, photography, graphic images, sculpture, architectural designs, computer programs, movies or other dramatic works, etc.

Related Topics

  • What is a copyright?
  • Digital Millennium Copyright Act or DMCA Explained
  • Basics of Copyright Law
  • What are the rights of a holder of a copyright?
  • What are the elements of a copyright?
  • How long is the period of copyright protection?
  • What is the process for registering a copyright?
  • Who may claim and secure copyright protection?
  • What are infringement and the process for enforcing a copyright?
  • What are the defenses available against a claim of copyright infringement?
  • Public Domain Works
  • Licensing Agreement
  • End User License Agreement
  • What is Fair Use of copyright?
  • What is the First Sale Doctrine?

Discussion Question

How do copyrights relate to the intellectual property rights protect by patents or trademarks? Are the objectives for these rights similar?

Practice Question

Mike is compiling a list of individuals who work in an office building and recording their contact information. He wants to print it as a guide and sell it to individuals in the building. Can he copyright his work?

Academic Research


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