Copyright protects a wide variety of creative works, from books and photographs to computer programs and architectural works. But simply creating something doesn’t mean that every part of it can be protected by copyright. Understanding what qualifies — and where copyright protection ends — is an important first step in protecting your work.
Protection for Original Works
As we explain in our Basics of Copyright Law article, copyright protection generally begins automatically when a work is independently created and fixed in a tangible form of expression; registration with the U.S. Copyright Office is a separate process.
A work is considered original when it is independently created by a human author and contains at least a minimal degree of creativity.
Fixed in a tangible form of expression means the work is captured in some format, such as a story written on paper, a photograph saved to a phone, or a song recorded as an audio file. The work does not, however, have to be published.
Copyrightable works can include:
- Books, articles, blog posts, and other written works
- Photographs, paintings, illustrations, and graphic art
- Musical compositions and sound recordings
- Movies and other audiovisual works
- Computer programs
- Architectural works
- Maps and technical drawings
But determining whether something falls into one of these categories is only the beginning. Copyright protects the author’s original expression, not necessarily the underlying subject, idea, or information.
The Limits of Copyright
One of the most important limits of copyright is the distinction between an idea and the way that idea is expressed.
Copyright does not protect ideas, concepts, systems, procedures, processes, or methods of operation. It can, however, protect an author’s original written, artistic, or other creative expression of them.
Consider a written story about two rival families whose children fall in love. Copyright does not prevent someone else from writing a story based on that general idea. What copyright can protect is the author’s particular expression of the idea: the specific text, characters, dialogue, and other original creative elements of the work.
This distinction produces some results that may initially seem surprising.
- A book can receive copyright protection, but its title cannot.
- A photograph can be protected, but not the subject that was photographed.
- Computer code can be copyrightable, but not the underlying ideas, systems, or methods of operation.
In each case, the question is: Which parts of the work are actually eligible for copyright protection?
What About Names, Slogans, and Logos?
The limits of copyright protection do not necessarily mean that something cannot be protected in another way.
While copyright does not protect names, titles, slogans, or short phrases, even if they’re creative, some of these may qualify for protection under trademark law when used to identify the source of goods or services.
Copyright and trademark protection can also overlap, particularly when original creative work is used as part of a company’s branding. In those situations, the two forms of intellectual property may protect different aspects of the same asset.
Explore these forms of protection further in this article: Trademark vs. Copyright: Which One Do You Need?
Is Copyright Registration Right for Your Work?
Copyright protection begins automatically when an eligible work is created and fixed in a tangible form, but federal registration provides additional legal benefits. Contact the team at Larson & Larson to learn whether registration makes sense for your work.
Published by Larson & Larson, a Florida-based intellectual property law firm protecting innovation since 1987.
