What does a Copyright Protect?

A copyright protects an original work created by an author that has been fixed into some tangible form. Common examples include books, plays, songs, paintings, etc. Importantly, it is not the creative idea itself that a copyright protects, but rather, the tangible form in which the idea has been fixed. Further, the concept of originality is not absolute, as parodies and satire are protectable works as well.

A copyright is a form of intellectual property that gives the creator of an original work the exclusive right to copy, distribute, adapt, display, and perform a creative work. In allowing the copyright holder these exclusive rights, their creative labor is thus protected from exploitation by others.

What works fall under the protection of a copyright?

To reiterate, it is not the creative idea that a copyright protects, but the tangible form in which the idea has been fixed. It is only when the idea is fixed into a tangible form, like putting a tune in one’s head to sheet music, that said form is now protectable by a copyright. Common examples of copyrightable works include literary works, musical works, dramatic works, artistic works, software programs, and architectural works.

As mentioned, a copyright protects these original works by giving the copyright holder the exclusive rights to copy, distribute, adapt, display, and perform their creative works. In restricting others from these actions pertaining to the author’s creative work, any significant value to be derived from the work is reserved in the author.

Why is registration of an original work important?

Interestingly, copyrights are automatically created when someone creates an original work of authorship. Therefore, it is not necessary to register a work for rights in it to exist. However, recent law now requires that a work must be registered before an owner can bring an infringement lawsuit against a third-party to enforce those rights. Accordingly, while rights exist in a work upon its creation, to substantively enforce those rights, registration is key.

What remedies to infringement does copyright protection afford?

A typical remedy for copyright infringement is an injunction, which prevents the infringer from any further acts of infringement. Monetary damages, however, are available as well. The Copyright Act provides that, when infringement occurs, the copyright infringer is liable for either the copyright owner’s actual damages and any additional profits of the infringer, or statutory damages. In cases of willful infringement, attorneys’ fees and court costs may be available to the plaintiff as well.

An author of an original work should be careful to know what copyrights protect and how enforcement of the rights provided by a copyright enforce this protection.

For more information on copyrights, see our copyright services page.

Klemchuk PLLC is a leading IP law firm based in Dallas, Texas, focusing on litigation, anti-counterfeiting, trademarks, patents, and business law. Our experienced attorneys assist clients in safeguarding innovation and expanding market share through strategic investments in intellectual property.

This article is provided for informational purposes only and does not constitute legal advice. For guidance on specific legal matters under federal, state, or local laws, please consult with our IP Lawyers.

What Does a Copyright Protect and Why Does it Matter?