Of the four types of intellectual property, copyrights may be the most confusing. However, your business may actually be creating materials that would benefit from copyright protections. In this article, we take the mystery out of copyrights and discover what’s covered and what is not.
Copyrights – Definition and Some Surprising Facts
Simply stated, “copyright is the right to copy.” The person or persons who create something have the exclusive right to use the creation. For example, the holder of the copyright protection can legally authorize other people to use – or copy – the work.
The definition of copyright is simultaneously broad and narrow. It’s broad because it covers a wide range of original materials. But the work must exist in a tangible form. For example, an original creation must be recorded, published, saved on a disk, or printed to be copyrighted.
Copyrights do not exist forever. At some point, the work will enter the public domain. In most cases, this means that people can use the work without permission or paying for it. Most copyright protections in the United States expire:
- 70 years after the creator’s death for material produced after January 1, 1978;
- 95 years from the year of first publication for works that are anonymous, pseudonymous, or made for hire or 120 years from the year the work was created, whichever is first.
Some work is created “for hire,” meaning someone paid the creator to write the material. In these cases, the writer does not hold the copyright. Instead, the person or company that paid for the work to be done owns the copyright.
You do not have to apply for copyright protections. Instead, such protection begins from the moment the work is created and saved or stored.
However, you can register your copyright with the Copyright Office. Although it is optional, registration can help if you need to file a copyright infringement action.
Works Covered by Copyright Protections
The following works generally receive copyright protections:
- Literary works: Advertising and marketing materials, blogs, newsletters, user manuals, instructions, computer software, research papers, articles, cookbooks, books, magazines, poetry, short stories.
- Musical and dramatic works, including lyrics and choreography.
- Pictorial works, including photographs, paintings, cartoon characters, maps, and sculptures.
- Audiovisual works, including movies.
- Sound recordings.
- Architectural works.
Not all works receive copyright protection.
Materials That Are NOT Covered
Generally, copyright protections do not apply for facts, ideas, systems, and methods of operation. Also, the following usually cannot be copyrighted:
- Names and titles
- Works that are not in a tangible form
- Slogans, single words, and short phrases
- Fonts, lettering, or colors
- Symbols and designs
- Lists of ingredients without instructions
Some of these materials might still receive protection. However, that may come in the form of a trademark, registered trademark, or patent.
Does Your Company Need Help with Florida Copyright Protections?
Attorney Richard Sierra at the Florida Small Business Center assists clients like you with business and litigation matters. As always, Our Goal Is to Help You Succeed™. For an appointment, you may call us at 1-866-842-5202 or use the contact form on our website. We represent clients throughout the State of Florida, including Coral Springs, Coconut Creek, Boca Raton, Delray Beach, Pompano Beach, Sunrise, Fort Lauderdale, Miami, West Palm Beach, Jupiter, Deerfield Beach, Stuart, Port St. Lucie, Orlando, Naples, Fort Myers, Sarasota, Tampa, and surrounding communities.