Introduction to Copyright
There’s a reason that some attorneys specialize in intellectual property. Copyright law is full of complexities and ambiguities and is oftentimes subjective. A cursory glance at court cases involving copyright infringement demonstrates how subjective; not until a litigant is in front of a judge can they ascertain whether infringement has occurred. The best course of action as someone who regularly curates content is to educate yourself and make sound judgments regarding the legality of using materials created by someone else.
This content will provide you with information to equip you in this decision-making process.
What Is Copyright?
Copyright is a type of intellectual property that protects original works of authorship as soon as an author fixes the work in a tangible form of expression. Creators of content do not need to file for copyright protection; it exists from the moment the work is created or "fixed in any tangible medium of expression."
17 U.S. Code § 102 - Subject matter of copyright: In general
(a) Copyright protection subsists, in accordance with this title, in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. Works of authorship include the following categories:
(1) literary works;
(2) musical works, including any accompanying words;
(3) dramatic works, including any accompanying music;
(4) pantomimes and choreographic works;
(5) pictorial, graphic, and sculptural works;
(6) motion pictures and other audiovisual works;
(7) sound recordings; and
(8) architectural works.
(b) In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work.
Exclusive Rights of the Copyright Holder
The copyright holder has legal ownership of certain uses of the material they create. These uses include the exclusive right to:
- Make and distribute copies
Example: Copying an assignment from a textbook and incorporating into the course
What Is Not Protected by Copyright?
Names, titles, slogans, ideas, concepts, systems, facts, methods of doing something, lists of ingredients
While these may be considered other types of intellectual property, they are not afforded the same type of protection as copyright. That is why I can mention Star Wars, Just Do It, Trix are for kids, and All You Need Is Love. Writing a title or slogan is not protected by copyright.
What Is Protected by Copyright?
Some examples of works protected by copyright are obvious: literature, photographs, movies, songs, and art. I can mention Star Wars but cannot display it publicly, cannot use John Williams’ theme song in a course, nor can I create a new version of Star Wars where the Wookiees enslave the Ewoks.
Other examples are not so obvious. While a recipe is just a list of ingredients which is not protected by copyright, if it is provided with substantial literary expression, the creative expression of how to create the dish may be protected under copyright law. (Have you ever looked up a recipe online, found an entire article written about it, and have to scroll, scroll, scroll just to get to the list of ingredients?) Also, if you create a compilation in a blog like “847 Songs You Must Hear Before You Die,” it could be protected under copyright because you curated a unique list and fixed it in a tangible medium.
Other Types of Intellectual Property
Besides copyright, there are three types of intellectual property: trademarks, patents, and trade secrets. Each of these types governs the way you can utilize someone else's creation.
For more information about how these types differ, watch this video:
- Understanding Intellectual Property (IP) (2:13)