Business

Guide to Copyrights: Types and Examples of Copyrights

Written by MasterClass

Last updated: Nov 2, 2021 • 3 min read

In the United States, there are many legal protections in place to defend your intellectual property rights. One of the most common is copyright law—a way to protect original works of authorship.

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What Is Copyright?

Copyright is a form of intellectual property protection that extends over any original work of authorship, including artistic works, creative works, maps, and computer software. Under copyright law, the copyright owner has the exclusive right to distribute, reproduce, or adapt the copyrighted work, or initiate a transfer of ownership; if another party infringes on these rights (for instance, by producing a derivative work), they can be legally punished for “copyright infringement.”

Copyright usually lasts for a particular amount of time (according to the US’s 1976 Copyright Act, the life of the author plus 70 years), after which the holder must renew it, or it expires and becomes part of the public domain. Copyright law is not absolute because of the “fair use” doctrine, which allows limited use of copyrighted material without permission from the copyright holder in specific contexts (like analysis or parody).

What Can You Copyright in the United States?

Under US copyright law, you cannot copyright an idea, but you can legally protect the “tangible medium of expression,” or the manifestation of the idea. Here are the tangible forms of work that are legally protected by copyright ownership:

  • Literary works: All works of authorship, including computer software, whether published or unpublished
  • Musical works: Songs, scores, and any accompanying words of musical compositions
  • Dramatic works: Dialogue, stage direction, and any accompanying music
  • Pantomimes and choreographic works: The composition and arrangement of dance movements
  • Pictorial, graphic, and sculptural works: All visual art, whether 2-D or 3-D
  • Motion pictures and other audiovisual works: Including films, television shows, artistic works, and music videos
  • Sound recordings: A particular recording of a sound or musical work; different than the music itself (which is covered under “musical works”)
  • Architectural works: Including completed buildings and unpublished designs

Copyright law does not cover titles, names, short phrases, or lists (like recipes or ingredient lists), which can be protected under separate laws through trademark, patent, or trade secret protections.

How to Obtain Copyright Protection

In the United States, thanks to the Berne Convention, copyright is automatically enforced after you create a work—it doesn’t need to be formally registered for or even indicated with a copyright notice. However, copyright registration through the US Copyright Office offers you rights to additional legal avenues if someone infringes your copyright. Here’s how copyright registration works in the US:

  1. 1. Select the right copyright form. The US Copyright Office has five different application forms, depending on what type of work you want to register: literary, visual, single series, performing arts, and sound recording. Select the form that’s closest to your particular work.
  2. 2. Fill out the application. The application will include questions about the work and the author and require a copy of the work (either electronic or hard copy).
  3. 3. Pay the fee. Registering for copyright requires a fee between $45 and $125. The exact cost depends on how many works you’re registering and how many people claim the copyright.
  4. 4. Wait for confirmation. The US Copyright Office can take anywhere from one to three months to register your copyright. Once it’s finalized, the office will issue you an official certification with proof of your copyright claim.

What Is the Difference Between a Copyright and a Trademark?

Copyright and trademarks are two types of protected work with different purposes. While copyright is meant to protect creative work and is automatically in place after you create the work, a trademark is intended to protect a business name, logo, or slogan and requires registration.

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