Intellectual Property Research: Copyright

"Original works of authorship" are copyrightable.

Copyrightable works include: 

• Literary works
• Musical works, including any accompanying words
• Dramatic works, including any accompanying music
• Pantomimes and choreographic works
• Pictorial, graphic, and sculptural works
• Motion pictures and other audiovisual works
• Sound recordings
• Architectural works

The following are NOT copyrightable:

x  Ideas, procedures, methods, systems, processes, concepts, principles, or discoveries

x  Works that are not fixed in a tangible form

x  Titles, names, short phrases, and slogans

x  Familiar symbols or designs

x  Mere variations of typographic ornamentation, lettering, or coloring

x  Mere listings of ingredients or contents

x  Works created by federal government employees as part of their job

For more information, see U.S. Copyright Office, Circular 1.

Copyright protection is automatic when an original work is fixed in a tangible form.  Registration is NOT required to confer copyright protection.

According to the U.S. Copyright Office, Circular 1, registration of a copyright has the following benefits:

1. Before an infringement suit may be filed in court, registration (or refusal) is necessary for works of U.S. origin.
2. Registration establishes prima facie evidence of the validity of the copyright and facts stated in the certificate when registration is made before or within five years of publication.
3. When registration is made prior to infringement or within three months after publication of a work, a copyright owner is eligible for statutory damages, attorneys’ fees, and costs.
4. Registration permits a copyright owner to establish a record with the U.S. Customs and Border Protection for protection against the importation of infringing copies.