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Copyright Cases Article
This is a selection made from among articles on Copyright Cases. For a permanent link to this article, or to bookmark it for future reading, click here.
Not Every Written Word Can Be Copyrighted
from: Rosemary HauschildA common misconception about copyright protection is that it covers all types of ideas and their expression.
In fact, what can be protected is the description, explanation or illustration chosen by the author to express an idea or system. This expression is what is called “original works of authorship”. (See title 17, section 102 of the U.S. Copyright Code.)
The statute clearly states that ideas and concepts cannot be protected by copyright. In addition, methods or systems are not protected. Section 17 clearly expresses this principle:
“In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle or discovery, regardless of the form in which it is described, explained, illustrated or embodied in such work.”
More specifically, copyright does not protect ideas or procedures for doing, making, or building things; scientific or technical methods or discoveries; business operations or procedures; mathematical principles, formulas or algorithms; or any other concept, process, or method of operation.
In addition, names, titles, and short phrases or expressions cannot are not subject to copyright protection. Even if a name, title, or short phrase is novel or distinctive, or if it lends itself to a play on words, it cannot be protected by copyright. The Copyright Office cannot register claims to exclusive rights in brief combinations of words such as:
• names of products or services,
• names of businesses, organizations, or groups (including the name of a group of performers),
• names or pseudonyms of individuals (including pen name or stage name)
• titles of works,
• catchwords, catchphrases, mottos, slogans, or short advertising expressions,
• mere listings of ingredients, as in recipes, labels, or formulas. For example, when a recipe or formula is accompanied by explanation or directions, the text directions may be copyrightable, but the recipe or formula itself remains uncopyrightable.
For more information about copyright protection, contact the author of this article. For details, see information below. © 2004. All rights reserved. Impact Coaching International™. You may copy or distribute this article free of charge as long as it is kept intact and sent in its entirety including copyright notice and full information about contacting the author, Rosemary Hauschild.
Rosemary Hauschild is a business coach serving creative individuals developing intellectual property. Impact Coaching International™ offers a year-long program showing creative individuals how to protect, promote and profit from their innovative ideas in less time and with more profits. This coaching program is delivered through quarterly workshops, teleconference calls, web casts, fax and email. Individual coaching services are also available. To learn more about how to protect and promote your intellectual property, you are invited to subscribe to the free e-zine, Creations Of The Mind™, by sending an email to impactcoaching@msn.com with the following phrase in the subject line of your e-mail: subscribe creations list.
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