Published Works Exempt from Copyright Protection
When it comes to copyright protection, not all works are created equal. There are certain expressions and creations that are exempt from copyright protection and are born directly into the public domain. In this article, we will explore these exceptions and shed light on the works that do not qualify for copyright protection.
Excluded Expressions
Under copyright law, certain expressions are excluded from copyright protection. These include facts, local laws, and works of the US Government. Facts and information, by their nature, are not subject to copyright as they are considered to be part of the public domain. Similarly, works created by the US Government are automatically in the public domain as they are meant to be accessible to the public.
Unfixed Works
Works that have not been fixed in a tangible form of expression are not eligible for copyright protection. For example, unrecorded music concerts or performances that have not been captured in a fixed medium are not protected by copyright law. Once a work is fixed in a tangible form, such as being recorded or written down, it becomes eligible for copyright protection.
Titles, Names, Short Phrases, and Slogans
Titles, names, short phrases, and slogans do not qualify for copyright protection. While they may be creative and original, copyright law does not extend to these elements. However, it is important to note that they may still be protectable under trademark law if they are used in connection with a specific product or service.
Exclusion of Ideas and Procedures
Ideas, procedures, principles, discoveries, and devices are specifically excluded from copyright protection. Copyright law protects the expression of these ideas and creations, but not the ideas themselves. This means that while you can express your ideas in writing or drawings and claim copyright in your description, the copyright does not extend to the underlying idea or concept.
Useful Articles with Utilitarian Function
Copyright protection is generally not available for useful articles that have a utilitarian function. Examples of such articles include lamps, clothing, and computer monitors. However, there is an exception for features of these articles that can be identified and separated from their utilitarian aspects. In other words, if there are specific design elements or artistic features that can exist independently of the article’s function, they may be eligible for copyright protection.
In conclusion, copyright protection is not granted to all works. Certain expressions, such as facts, local laws, and US Government works, are excluded from copyright protection and are in the public domain. Unfixed works, titles, names, short phrases, slogans, ideas, procedures, principles, discoveries, devices, and useful articles with a utilitarian function are also not protected by copyright law or have specific limitations. It is important to understand these exceptions to copyright protection to navigate the world of intellectual property rights effectively.
Sources:
– Cornell University Copyright Information Center. “Public Domain.” Available at: https://copyright.cornell.edu/publicdomain
– BitLaw. “Works Unprotected by Copyright Law.” Available at: https://www.bitlaw.com/copyright/unprotected.html
– U.S. Copyright Office. “What Does Copyright Protect? (FAQ).” Available at: https://www.copyright.gov/help/faq/faq-protect.html
FAQs
Published Works Exempt from Copyright Protection
Are facts protected by copyright law?
No, facts themselves are not protected by copyright law. Copyright protects the expression of facts, but the facts themselves are considered part of the public domain and not subject to copyright protection.
Can titles, names, short phrases, and slogans be copyrighted?
No, titles, names, short phrases, and slogans are not protected by copyright law. While they may be creative and original, copyright law does not extend to these elements. However, they may still be protectable under trademark law if used in connection with a specific product or service.
Are ideas and procedures eligible for copyright protection?
No, ideas, procedures, principles, discoveries, and devices are specifically excluded from copyright protection. Copyright law protects the expression of these ideas and creations, but not the ideas themselves. The underlying ideas or concepts are not protected by copyright.
Can useful articles with a utilitarian function be copyrighted?
Generally, copyright protection is not available for useful articles that have a utilitarian function. Examples of such articles include lamps, clothing, and computer monitors. However, there is an exception for features of these articles that can be identified and separated from their utilitarian aspects. If there are specific design elements or artistic features that can exist independently of the article’s function, they may be eligible for copyright protection.
Are works that have not been fixed in a tangible form protected by copyright law?
No, works that have not been fixed in a tangible form of expression are not eligible for copyright protection. For example, unrecorded music concerts or performances that have not been captured in a fixed medium are not protected by copyright law. Once a work is fixed in a tangible form, such as being recorded or written down, it becomes eligible for copyright protection.
Can I copyright my website?
Yes, the original authorship appearing on a website, including writings, artwork, photographs, and other forms of authorship, may be protected by copyright. Procedures for registering the contents of a website can be found in the appropriate guidelines.
Can I copyright my domain name?
No, copyright law does not protect domain names. The administration and registration of domain names are managed by the Internet Corporation for Assigned Names and Numbers (ICANN) through accredited registers.
How can I protect my idea?
Copyright does not protect ideas, concepts, systems, or methods of doing something. You may express your ideas in writing or drawings and claim copyright in your description, but remember that copyright will not protect the underlying idea itself as revealed in your written or artistic work.