Goldizen & Associates

 

One Columbus Center, Ste. 665, Virginia Beach, VA 23462

 Telephone: 757-490-1151

 Fax: 757-214-9149

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PATENTS
TRADEMARKS
COPYRIGHTS

DOMAIN NAME DISPUTES

SOFTWARE PROTECTION
GENERAL LEGAL ISSUES

What is a copyright and what works are copyrightable?

A copyright is legal protection limited to an author’s particular method of expressing an idea. The emphasis is on the method or manner the author chooses to express the idea, not the idea itself. The concept is to promote and protect literary and artistic creativity for the public and includes the following kinds of works: literary works, musical works including accompanying words, dramatic works including any accompanying music, pantomimes and choreographic works, pictorial, graphic, and sculptural works including nonuse design features for articles, motion pictures and audiovisual works, architectural works, sound recordings, and compilations of works and derivative works.

The categories are viewed from a broad perspective. A computer program may be registered as a literary work or a map as a pictorial or graphic work. These protectible works must be original and not copied and may not be so basic and elementary that they lack sufficient creativity.

Copyright attaches to the intangible “original work of authorship” once the work has been fixed in a tangible form. This merely means that once the author puts his intangible or mental impressions on paper, or any other type of recording medium, a copyright is realized. In other words, the copyright becomes the property of the author immediately upon expressing the idea through a medium, which can be perceived, reproduced, or otherwise communicated directly or with the aid of a machine. For example, copyright protection subsists the moment you write lyrics down on paper or record your song on a tape.

It is to be noted that the following works are generally not eligible for copyright protection; however, they may qualify for becoming a patent or a registered trademark (see patent and/or trademark sections): ideas, procedures, processes, methods of operation, systems, concepts, principles, discoveries, titles, short phrases, slogans, familiar symbols, designs, and commonly known information containing no original authorship.

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