What Does Copyright
Protect?
What does copyright
protect?
Copyright, a form of intellectual property law,
protects original works of authorship including literary, dramatic,
musical, and artistic works, such as poetry, novels, movies, songs,
computer software, and architecture. Copyright does not protect facts,
ideas, systems, or methods of operation, although it may protect the way
these things are expressed. See Circular 1, Copyright Basics,
section "What
Works Are Protected."
Can I copyright my
website?
The original authorship appearing on a website may be
protected by copyright. This includes writings, artwork, photographs, and
other forms of authorship protected by copyright. Procedures for
registering the contents of a website may be found in Circular 66,
Copyright Registration for Online Works.
Can I copyright my domain name?
Copyright
law does not protect domain names. The Internet Corporation for Assigned Names and
Numbers (ICANN), a nonprofit organization that has assumed the
responsibility for domain name system management, administers the
assignation of domain names through accredited registers.
How do I protect my recipe?
A mere listing
of ingredients is not protected under copyright law. However, where a
recipe or formula is accompanied by substantial literary expression in the
form of an explanation or directions, or when there is a collection of
recipes as in a cookbook, there may be a basis for copyright protection.
Note that if you have secret ingredients to a recipe that you do not wish
to be revealed, you should not submit your recipe for registration,
because applications and deposit copies are public records. See FL 122, Recipes.
Can I copyright the name of my
band?
No. Names are not protected by copyright law. Some names
may be protected under trademark law. Contact the U.S.
Patent & Trademark Office, 800-786-9199, for further information.
How do I copyright a name, title, slogan or
logo?
Copyright does not protect names, titles, slogans, or
short phrases. In some cases, these things may be protected as trademarks.
Contact the U.S.
Patent & Trademark Office, 800-786-9199, for further information.
However, copyright protection may be available for logo artwork that
contains sufficient authorship. In some circumstances, an artistic logo
may also be protected as a trademark.
How do 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 be aware
that copyright will not protect the idea itself as revealed in your
written or artistic work.
Does my work have
to be published to be protected?
Publication is not necessary
for copyright protection.
Can I register a diary
I found in my grandmother's attic?
You can register copyright
in the diary only if you own the rights to the work, for example, by will
or by inheritance. Copyright is the right of the author of the work or the
author's heirs or assignees, not of the one who only owns or possesses the
physical work itself. See Circular 1, Copyright Basics, section “Who Can Claim
Copyright.”
How do I protect my sighting of
Elvis?
Copyright law does not protect sightings. However,
copyright law will protect your photo (or other depiction) of your
sighting of Elvis. Just send it to us with a Form VA application
and the $30 filing fee. No one can lawfully use your photo of your
sighting, although someone else may file his own photo of his sighting.
Copyright law protects the original photograph, not the subject of the
photograph.
Does copyright protect
architecture?
Yes. Architectural works became subject to
copyright protection on Dec. 1, 1990. The copyright law defines
“architectural work” as “the design of a building embodied in any tangible
medium of expression, including a building, architectural plans, or
drawings.” Copyright protection extends to any architectural work created
on or after Dec. 1, 1990. Also, any architectural works that were
unconstructed and embodied in unpublished plans or drawings on that date
and were constructed by Dec. 31, 2002, are eligible for protection.
Architectural designs embodied in buildings constructed prior to Dec. 1,
1990, are not eligible for copyright protection. See, Circular 41,
Copyright Claims in Architectural Works
Can
I get a star named after me and claim copyright to it?
No.
There is a lot misunderstanding about this. Names are not protected by
copyright. Publishers of publications such as a star registry may register
a claim to copyright in the text of the volume [or book] containing the
names the registry has assigned to stars, and perhaps the compilation of
data; but such a registration would not extend protection to any of the
individual star names appearing therein. For further information on
copyright protection and names. See, Circular 34,
Copyright Protection Not Available for Names, Titles, or Short
Phrases
| Note: The Copyright Office offers
introductory answers to frequently asked questions about copyright,
registration, and services of the Office. Links throughout the
answers will guide you to further information on our website or from
other sources. For any other questions, please visit our Contact Us page.
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