Basic information about copyrights
No. Copyright cannot be claimed in facts, information, discoveries, or research findings. At one time, courts applied a “sweat of the brow ” doctrine, holding that copyright protection could exist for facts and information that a person expended a great deal of effort to discover and collect. Courts no longer apply the “sweat of the […]
Copyright may be claimed in the expressive elements of a three-dimensional object but not in the functional elements of it. For example, copyright cannot be claimed in a vase, because a vase serves the function of holding flowers. Copyright may be claimed in images that are painted on it, though. And copyright might be claimed
Can I claim a copyright in a 3-dimensional structure that has functional features? Read More »
Yes. A person can own a copyright in the expressive elements of a computer program, such as the source code. Copyright cannot be claimed in an algorithm, however, because an algorithm is an idea, method, system or process. Copyright does not protect ideas, methods, processes and systems. It only protects expression.
Can I own a copyright in a computer program or software? Read More »
No. A recipe , that is to say, the step-by-step procedure for making a particular dish, is an idea, method or process, so it is not something that copyright law protects. Expressive elements that are not essential to the recipe may be protected by copyright, however, provided they are sufficiently creative, original, and substantial. For
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No. Copyrights do not protect ideas, procedures, methods, systems, or formulae. Copyright only protects expression. A copyright may protect the way an idea, method, procedure, system or formula is expressed, but it does not protect the idea, method, procedure, system or formula itself.
Does copyright protect ideas, procedures, methods, formulae or systems? Read More »
No. A title, name, slogan or short phrase is not protected by copyright. Coming up with a title, name, slogan or short phrase is not considered a sufficiently creative and expressive act to qualify for copyright protection. In some cases, a title, name, slogan or short phrase may be protected as a trademark if it
Are titles, names, slogans, and short phrases protected by copyright? Read More »
Yes. Copyright protects the photograph, not the subject of the photograph. Thus, any number of people can photograph the Grand Canyon, for instance, even if they take the photograph from the same place, using the same angle and lighting. Copyright liability may be incurred, however, if someone takes a picture of the photograph or creates
Can two people take a picture of the same thing without incurring copyright liability? Read More »
Yes, a photograph is protected by copyright if it is original and created by a human. A “selfie” taken by a monkey or other nonhuman animal is not protected by copyright. Courts have held that only humans can have rights of authorship that are protected by copyright laws. Also, a photograph of another work that
Does copyright protect photographs? Read More »
Copyright protects original works of human authorship that have been fixed in a tangible medium of expression. The categories of works that copyright protects are: Literary works such as books, articles, essays, blog posts, stories, poems, email messages, notes, computer programs (source code, not the algorithm), etc. Music – songs, lyrics, musical compositions and arrangements
What kinds of works does copyright protect? Read More »
The five requirements for a valid copyright are: Originality Creativity Expression Human authorship Fixation in a tangible medium of expression. An enforceable copyright exists when — and only when — creative, original, human expression is fixed in a tangible medium of expression.
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