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Copyright:: Copyright Basics

What iscopyrighttable?

Copyright only applies to the expression of an idea. Raw data, ideas, algorithms, titles, etc. cannot be copyrighted.

"Copyright is originality and fixation

Original Works

"Works are original when they are independently created by a human author and have a minimal degree of creativity. Independent creation simply means that you create it yourself, without copying. The Supreme Court has said that, to be creative, a work must have a “spark” and “modicum” of creativity. There are some things, however, that are not creative, like: titles, names, short phrases, and slogans; familiar symbols or designs; mere variations of typographic ornamentation, lettering, or coloring; and mere listings of ingredients or contents. And always keep in mind that copyright protects expression, and never ideas, procedures, methods, systems, processes, concepts, principles, or discoveries.

Fixed Works

"A work is fixed when it is captured (either by or under the authority of an author) in a sufficiently permanent medium such that the work can be perceived, reproduced, or communicated for more than a short time. For example, a work is fixed when you write it down or record it."

 

Quote above is from the U.S. Copyright Office. https://www.copyright.gov/what-is-copyright/

A work is fixed when it is captured (either by or under the authority of an author) in a sufficiently permanent medium such that the work can be perceived, reproduced, or communicated for more than a short time. For example, a work is fixed when you write it down or record it.

 

Becoming a copyritht owner

"Who is a copyright owner?

Everyone is a copyright owner. Once you create an original work and fix it, like taking a photograph, writing a poem or blog, or recording a new song, you are the author and the owner.

Companies, organizations, and other people besides the work’s creator can also be copyright owners. Copyright law allows ownership through “works made for hire,” which establishes that works created by an employee within the scope of employment are owned by the employer. The work made for hire doctrine also applies to certain independent contractor relationships, for certain types of commissioned works.

Copyright ownership can also come from contracts like assignments or from other types of transfers like wills and bequests."

Quote above is from the U.S. Copyright Office. See: https://www.copyright.gov/what-is-copyright/

What rights does a copyright grant to its holder?

In the United States, copyright law grants the holder the following exclusive rights:

Reproduce the work in copies or phonorecords.

Prepare derivative works based upon the worl

Distribute copies or phonorecords of the work to the public by sale or other transfer of ownership or by rental, lease, or lending.

Perform the work publicly if it is a literary, musical, dramatic, or choreographic work; a pantomime; or a motion picture or other audiovisual work.

Display the work publicly if it is a literary, musical, dramatic, or choreographic work; a pantomime; or a pictorial, graphic, or sculptural work. This right also applies to the individual images of a motion picture or other audiovisual work.

Perform the work publicly by means of a digital audio transmission if the work is a sound recording.

Authorize others to exercise some or all of these rights to the work.

What CANNOT be copyrighted?

To be copyrighted, a work must be an ORIGINAL, CREATIVE work set in a TANGIBLE form. So…

  • Ideas, concepts, algorithms, laws of nature, etc. , cannot be copyrighted, but the EXPRESSION of an idea can.
  • Raw data cannot be copyrighted. However, the organization of eata (e.g. databases, spreadsheets, etc.) can be copyrighted.
  • Short creations, such as titles, names, short phrases, familiar designs, etc. cannot be copyrighted.
  • Only humans can hold copyright. So, a work created by Chat GPT cannot be copyrighted.
  • Under U.S. law, works created by government employees or agencies cannot be copyrighted.
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