Which Of The Following Can Be Controlled By Copyright

Which Works Can Be Protected by Copyright? A Comprehensive Guide

Copyright law is a complex beast, protecting a wide range of creative works but drawing a firm line at certain others. Understanding what falls under copyright protection is crucial for creators, businesses, and anyone who uses copyrighted material. This comprehensive guide will delve into the types of works eligible for copyright protection, clarifying common misconceptions and providing practical examples.

What is Copyright?

Before we dive into specific works, let's establish a baseline understanding of copyright. Copyright is a legal right granted to the creator of original works of authorship, including literary, dramatic, musical, and certain other intellectual works. It gives the creator exclusive rights to control how their work is copied, distributed, displayed, and adapted. This protection is automatic in most countries upon creation, though registration offers additional advantages, particularly in proving ownership and pursuing legal action.

Categories of Works Protected by Copyright

Copyright protection extends to a diverse range of creative endeavors. However, it's essential to understand that originality is a core requirement. Simply put, the work must be independently created and not copied from another source. Here's a breakdown of the major categories:

1. Literary Works

This encompasses a vast spectrum of written materials, including:

• Books: Novels, short stories, poems, plays, textbooks, and more.
• Articles: Journal articles, magazine articles, newspaper articles, blog posts, and website content.
• Software Code: Source code, object code, and other computer programs are considered literary works.
• Databases: Compilations of data, provided they meet the originality threshold. Simply compiling publicly available data without significant creative effort likely won't receive copyright protection.
• Speeches and Lectures: Transcripts or recordings of original speeches and lectures can be copyrighted.

Example: A newly written novel, a scientific research paper published in a journal, or a collection of poems are all considered literary works and are protected by copyright.

2. Musical Works

This category covers both the musical composition (the notes and melody) and the lyrics (if any):

• Songs: Popular songs, classical compositions, musical theater scores.
• Instrumental Pieces: Orchestral works, piano sonatas, and other instrumental music.
• Sound Recordings: It's important to distinguish between the musical composition and the sound recording. The composition itself is protected by copyright, but the sound recording is protected by a different set of rights (sound recording copyright).

Example: A newly composed symphony, a popular song with original lyrics and music, or a musical score for a film are all covered under copyright.

3. Dramatic Works

This includes works intended for performance, encompassing:

• Plays: Stage plays, screenplays, television scripts.
• Musical Plays: Works combining music, lyrics, and dramatic elements.
• Choreographic Works: Dance routines and ballets.

Example: A new play written for a theatrical production, a screenplay for a movie, or a choreographed dance sequence for a musical are all protected by copyright.

4. Pictorial, Graphic, and Sculptural Works

This broad category covers visual arts, including:

• Paintings: Oil paintings, watercolors, acrylics.
• Drawings: Sketches, illustrations, cartoons.
• Sculptures: Statues, reliefs, and other three-dimensional art.
• Photographs: Original photographs, but not photographs of things in the public domain.
• Graphic Designs: Logos, illustrations for books or advertisements.
• Architectural Works: The design of buildings and other structures. Protection extends to the design itself, not necessarily the physical building.

Example: A painting, a sculpture, a photograph, a website's logo, or architectural plans are all types of protected work.

5. Motion Pictures and Other Audiovisual Works

This category focuses on works that combine visual and auditory elements:

• Films: Feature films, documentaries, short films.
• Television Programs: TV shows, series, and specials.
• Video Games: The visual and auditory aspects of the game are protected. The underlying code (software) also receives copyright protection under the "literary works" category.
• Animations: Cartoons, animated films, and animated shorts.

Example: A feature film, a television series episode, a video game, or an animated short film all fall under this category.

6. Sound Recordings

As mentioned earlier, sound recordings are distinct from the musical composition itself. Copyright in sound recordings protects the actual recording of the performance, not the underlying music. This protects the specific rendition of a song or musical piece.

Example: A specific recording of a song, a recording of a live concert, or an audiobook reading are all protected by sound recording copyright.

7. Architectural Works

The design of a building is considered an architectural work and is protected by copyright. This protection covers the design's visual characteristics, such as its appearance and spatial arrangement. However, this doesn't prevent someone from building a functionally similar structure with a different design.

Works Generally NOT Protected by Copyright

While copyright protects a broad spectrum of creative works, some things are explicitly excluded:

• Ideas, Concepts, and Principles: Copyright protects the expression of an idea, not the idea itself. Two authors could write different books based on the same idea, and both books would be independently protected.
• Facts: Raw, uninterpreted facts are not copyrightable. Compilations of facts can be copyrighted if they display sufficient originality in their selection, arrangement, and presentation.
• Titles and Short Phrases: Short phrases, titles, and slogans are typically not protected by copyright. They would need to be substantially longer and more creative to qualify.
• Works in the Public Domain: Works whose copyright has expired or has never been claimed are in the public domain and can be used freely.
• Works of the U.S. Government: Works created by U.S. government employees as part of their official duties are generally not eligible for copyright protection. Similar rules apply in many other countries.
• Processes, Systems, and Methods of Operation: These are typically protected by patents, not copyright.

Duration of Copyright Protection

The length of copyright protection varies depending on the type of work and the country. In the United States, for example:

• Works created before 1978: Copyright protection is complex and depends on several factors, including registration and renewal.
• Works created after 1978: Copyright protection typically lasts for the life of the author plus 70 years. For corporate works, the protection is generally the shorter of 95 years from publication or 120 years from creation.

Strengthening Copyright Protection

While copyright is automatic upon creation in most jurisdictions, taking additional steps can strengthen your protection:

• Registration: Registering your copyright with the relevant copyright office provides legal proof of ownership and is often necessary to pursue legal action for infringement.
• Copyright Notice: Including a copyright notice on your work (© [Year] [Your Name]) can help deter infringement, though it is not legally required in many countries for protection.
• Proper Documentation: Keep records of creation and any modifications to your work.

Understanding which works are eligible for copyright protection is a crucial first step in safeguarding your creative endeavors. This comprehensive guide provides a solid foundation, but always consult with a legal professional for specific advice tailored to your situation and jurisdiction. Remembering the emphasis on originality and the specific requirements for each category will empower you to effectively protect your valuable intellectual property.