Copyright - Copyrightable Subject Matter

What 8 works of authorship are included in copyright?

(1) literary works;

(2) musical works, including any accompanying words;

(3) dramatic works, including any accompanying music;

(4) pantomimes and choreographic works;

(5) pictorial, graphic, and sculptural works;

(6) motion pictures and other audiovisual works;

(7) sound recordings; and

(8) architectural works.

*list not exhaustive

How does the Copyright Act define literary works?

“works, other than audiovisual works, expressed in words, numbers, or other verbal or numerical symbols or indicia, regardless of the nature of the material objects, such as books, periodicals, manuscripts, phonorecords, films, tapes, disks, or cards, in which they are embodied.”

What is included as “literary works”?

catalogs, directories, and similar factual reference, or instructional works and compilations of data.

also includes computer databases, and computer programs to extent incorporate programmer’s expression of original ideas

does not connote any criterion of literary merit or qualitative value:

What is not considered under Copyright Act?

words and short phrases such as names, titles, and slogans

Non-literal elements…

such as structure, sequence and organization are under scope of copyright (paraphrasing not allowed)

What is the standard in regards to copyright protection given to fictional characters?

Depending on development, qualities maintained throughout works, whether “sufficiently delinated”

How does the Copyright act define Pictorial, graphic and sculptural works?

include “two-dimensional and three-dimensional works of fine, graphic, and applied art, photographs, prints and art reproductions, maps, globes, charts, diagrams, models, and technical drawings, including architectural plans

What is the most significant limitation placed on PGS works?

• If the object is a useful article (like a lamp, chair, dress, phone, etc.), copyright does not protect the parts that are purely functional.

• Only the parts that can be separated out as artistic can get protection; the functional shape or design itself is not protected

The scope of protection for PGS works also depends on…

how many different ways the author could realistically have shown the same thing, if there are many creative ways to depict the subject, the author gets broader protection, but when only a few practical ways to show the information (e.g., a street map must show streets where they actually are), so copyright protection is narrower and covers only the small creative touches