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.
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.
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.
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.
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
$30 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 Dec. 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
Dec. 1, 1990. Also, any architectural works that were
unconstructed and embodied in unpublished plans or drawings on
that date and were constructed by Dec. 31, 2002, are eligible for
protection. Architectural designs embodied in buildings
constructed prior to Dec. 1, 1990, are not eligible for copyright
protection.
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.