What Does Copyright Protect?
What does copyright protect?
Copyright, a form of intellectual property law, protects original works of
authorship including literary, dramatic, musical, and artistic
works, such as poetry, novels, movies, songs, computer software,
and architecture. Copyright does not protect facts, ideas, systems,
or methods of operation, although it may protect the way these
things are expressed. See Circular 1, Copyright Basics,
section "What Works
Are Protected."
Can I copyright my website?
The original authorship appearing on a website may be
protected by copyright. This includes writings, artwork, photographs,
and other forms of authorship protected by copyright. Procedures
for registering the contents of a website may be found in Circular
66, Copyright Registration for Online Works.
Can I copyright my domain name?
Copyright law does not protect domain names. The Internet
Corporation for Assigned Names and Numbers (ICANN), a nonprofit
organization that has assumed the responsibility for domain name
system management, administers the assignation of domain names
through accredited registers.
How do I protect my recipe?
A mere listing of ingredients is not protected under
copyright law. However, where a recipe or formula is accompanied
by substantial literary expression in the form of an explanation
or directions, or when there is a collection of recipes as in
a cookbook, there may be a basis for copyright protection. Note
that if you have secret ingredients to a recipe that you do not
wish to be revealed, you should not submit your recipe for registration,
because applications and deposit copies are public records. See
FL 122, Recipes.
Can I copyright the name of my band?
No. Names are not protected by copyright law. Some names
may be protected under trademark law. Contact the U.S.
Patent & Trademark Office, 800-786-9199, for further information.
How do I copyright a name, title, slogan or logo?
Copyright does not protect names, titles, slogans, or
short phrases. In some cases, these things may be protected as
trademarks. Contact the U.S.
Patent & Trademark Office, 800-786-9199, for further information.
However, copyright protection may be available for logo artwork
that contains sufficient authorship. In some circumstances, an
artistic logo may also be protected as a trademark.
How do I protect my idea?
Copyright does not protect ideas, concepts, systems,
or methods of doing something. You may express your ideas in writing
or drawings and claim copyright in your description, but be aware
that copyright will not protect the idea itself as revealed in
your written or artistic work.
Does my work have to be published to be protected?
Publication is not necessary for copyright protection.
Can I register a diary I found in my grandmother's attic?
You can register copyright in the diary only if you own
the rights to the work, for example, by will or by inheritance.
Copyright is the right of the author of the work or the author's
heirs or assignees, not of the one who only owns or possesses
the physical work itself. See Circular 1, Copyright Basics,
section “Who Can Claim
Copyright.”
How do I protect my sighting of Elvis?
Copyright law does not protect sightings. However, copyright
law will protect your photo (or other depiction) of your sighting
of Elvis. Just send it to us with a Form
VA application and the filing fee. No one can lawfully
use your photo of your sighting, although someone else may file
his own photo of his sighting. Copyright law protects the original
photograph, not the subject of the photograph.
Does copyright protect architecture?
Yes. Architectural works became subject to copyright
protection on December 1, 1990. The copyright law defines “architectural
work” as “the design of a building embodied in any
tangible medium of expression, including a building, architectural
plans, or drawings.” Copyright protection extends to any
architectural work created on or after December 1, 1990. Also, any
architectural works that were unconstructed and embodied in unpublished
plans or drawings on that date and were constructed by December 31,
2002, are eligible for protection. Architectural designs embodied
in buildings constructed prior to December 1, 1990, are not eligible
for copyright protection. See Circular
41, Copyright Claims in Architectural Works
Can I get a star named after me and claim copyright to it?
No. There is a lot misunderstanding about this. Names are
not protected by copyright. Publishers of publications such as
a star registry may register a claim to copyright in the text
of the volume [or book] containing the names the registry has
assigned to stars, and perhaps the compilation of data; but such
a registration would not extend protection to any of the individual
star names appearing therein. For further information on copyright
protection and names, see Circular
34, Copyright Protection Not Available for Names, Titles,
or Short Phrases
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Note: The Copyright Office offers introductory answers to frequently asked questions about
copyright, registration, and services of the Office. Links throughout the answers will guide
you to further information on our website or from other sources. For any other questions, please visit
our Contact Us page.
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