What Are Copyright Laws Used to Protect?
Copyright law is widely misunderstood, not only by the general public but often by lawyers as well. In order to understand copyright law it is necessary to understand why copyrights are granted in the first place, what types of works are protected by copyrights and what kinds of protection are offered. This article focuses on these particular aspects of copyright law in some depth, rather than providing a general overview of copyright law.
Other People Are Reading
-
Philosophy of Copyright Law
-
The purpose of copyright law is to promote the development of original works of authorship by granting the author a limited monopoly over the use of such works. This grants the would-be authors an incentive to produce more and better works, ultimately to the benefit of society as a whole. The monopoly granted is limited in order to balance society's need to encourage authors against its need for limited but immediate access to creative works.
Ideas vs. Expression of Ideas
-
Ideas cannot be copyrighted, only expressions of ideas. An example of the difference between an idea and an expression of an idea would be a science fiction short story about time travel. Copying the story itself would be considered infringement; however, writing another (original) story about time travel would not be infringement, because the concept of time travel is an idea that cannot be copyrighted. The line between these two concepts can sometimes be blurry.
-
The "Tangible Medium" Requirement
-
In order to be protected, a work must be expressed in a tangible medium of permanent or semi-permanent duration. This means that a story told orally cannot be copyrighted unless it is recorded, and neither can a live broadcast of a sporting event. An original manuscript, however, is protected at the moment of its creation in most countries, even if it is never published.
Copyrights vs. Patents
-
Patents protect technological creations. Copyrights protect works of authorship, generally of an artistic nature. Sometimes it is difficult to determine whether a particular work is a work of technology or a work of authorship--computer programs are an obvious example. U.S. copyright law, along with the copyright law of most other nations, protects computer programs under copyright.
Specific Types of Works Protected
-
In addition to computer programs, copyrights also protect music, films, screenplays, novels and other works of literature, sculptures, paintings and even photographs. Copyrights do not protect designs or logos intended to distinguish among products or producers, because these are protected under trademark law.
Scope of Protection
-
A copyright holder holds an exclusive right to sell or otherwise distribute the work; to publicly display it; to publicly perform, publish or broadcast it; to reproduce it; to sell or assign the copyright; to be credited with authorship of it; and to adapt it. Examples of copyright infringement include downloading music using file-sharing technology, creating and publicly displaying a work of "fan fiction," or selling a burned music CD or DVD. Any of these activities can be performed without penalty as long as the prior permission of the copyright holder is secured.
-
