What is copyright?
In the international law,
copyright law extends certain protections for published and unpublished
"works of authorship." This covers a variety of forms of expression,
some of which are obvious - books, movies, songs - and some of which are not as
well known outside their professional fields - computer code, software,
architectural design.
Difference between
copyright, patent and trademark
The deciding factor is that the work must be fixed in a
"tangible mode of expression." Choreography that has not been notated
or recorded, for example, cannot be copyrighted until it is fixed in a durable
medium. You can't copyright ideas. This requirement is one of the factors
that distinguish copyright protection from the protection extended by a patent
or a trademark. A patent is meant to cover an invention or a discovery in the
abstract, rather than a concrete expression of an idea.
For example, a patent is used to protect the method of manufacturing specifically
as it safeguards the technological aspects of new or unique methods. In
patents one can secure one's unique method of processing whereas in copyright,
it gives one an exclusive right to own some idea, expression and even information.
Copyrights© claim that the material belongs to some certain
person and cannot be used without one's permission.
Trademarks, on the other hand, are words, phrases or designs
used to distinguish the goods of one party from those of others. (Service marks
are more or less the same, but distinguish the providers of services; the term
"trademark" is often used conversationally to cover service marks as
well.) An artistic design is automatically protected by copyright, but can also
be trademarked, which offers overlapping, but not identical, legal protection.
What does it mean to be a copyright
holder?
A copyright holder has the following exclusive legal
rights:
·
The right to use his
or her work, whether for financial gain or otherwise
·
The right to
distribute the work or perform the work in public
·
The right to make
copies of the work
·
The right to create a
derivative work (such as a movie or sequel based off of a book)
·
The right to allow
anyone else to exercise these rights
If any of these things are done without the express permission
of the copyright holder, it would be considered copyright infringement.
Infringement of Copyright and Fair Use
The
copyright law provides for a limited right called fair use, which
allows unauthorized use of portions of the copyrighted work for specific
purposes. The fair use privilege is especially important in allowing study,
scholarship, commentary and criticism of copyrighted works.
Infringement of a
copyright consists of:
- Unauthorized
reproduction
- Distribution
- Adaptation
- Public
performance
- Public
display
What kinds of things
cannot be copyrighted?
The three main types of intellectual property, copyrights,
trademarks, and patents, are each layers of protection, but the scope of that
protection is quite different. Copyright registration is a type of protection
available only to works of "original authorship" -- something that
has been created by someone -- that are "affixed in a tangible
medium" -- something that exists, either physically or digitally.
Some examples of things that do not meet this criteria
are:
- Names
- Titles,
including book titles (although they could carry a trademark)
- Short
phrases
- Logos,
if they fail to carry any significant authorship
- Recipes
(while instructions might be copyrighted, a list of ingredients and volumes
cannot)
- Blank
tables or charts
- Calendars
(but accompanying images can be protected as 2-D Artwork)
- Inventions
(this would be a patent)
In addition, anything taken from the public domain (older works
whose copyrights have expired; works dedicated specifically to the public
domain) or considered public knowledge (schedules of sporting events; standard
measurements) would not be eligible for copyright protection.