What is a Copyright?

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. Copyrights are automatically created when someone creates an original work of authorship that is fixed in a tangible form, thus, the idea itself is not copyrightable.

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Throughout our history, humanity has sought to express ourselves and our ideas in creative ways. As both a society and as individuals, we value these works for many reasons. However, those who create such works would cease to do so should they not be able to reap the rewards of their creative efforts. Therefore, the copyright incentives creators through a means to protect the fruit of their labor.

Like trademarks, but unlike patents, intellectual property rights in a copyright arise upon the creation of the work, and thus a filing is not required. Enforcement of the copyright, however, is unavailable without registration. Therefore, to bring an action against a third party for infringement of a copyright requires registration of such. For more information on potential recoveries in copyright infringement, see our copyright infringement damages page.

What can be copyrighted?

As previously stated, copyrights are for original works of authorship. Common examples of copyrightable works include: Literary works; Musical works; Dramatic works; and Artistic works. Think books, movies, songs, etc. Parodies and satire are protectable works as well, providing some flexibility to the requirement of originality.

Moreover, the requirement that these works be fixed in a tangible medium is very important. For example, when a musician comes up with a melody, putting the tune to sheet music creates a copyright in that tune. However, if the same musician were then to record the tune, the recording would be a separate copyright distinct from the sheet music. Thus, there would now be two separate copyrights in the melody, both held by the musician in this instance. If the musician were instead to license out to a third party the rights to reproduce the tune, the third party would then hold the copyright to the new recording, while the musician would hold the copyright to the original tune in sheet music.

Common examples of copyrightable works include:

Literary works
Musical works
Dramatic works
Artistic works
Software programs
Architectural works

What are the basics of copyright law?

As mentioned, Copyrights are automatically created when someone creates an original work of authorship that is fixed in a tangible form. 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, registration of your creative work is more important than ever.

A copyright owner seeking to protect its unique work should be knowledgeable about the requirements of a copyright registration as well as its importance in enforcement.

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 Is a Copyright and What Does it Legally Protect?