After a short break, I am back. In the next several issues of The Night Light, I intend to review the basics of copyright. Copyright is a creation of law, an ownership right created by Congress. Under the Copyright Act of 1976 artistic works created in the United States are given special rights and protections. The copyright law protects:
…works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device… 17 U.S.C. § 102.
What this means is that that an artistic work must be fixed – that is written down, recorded, or somehow preserved outside the brain of its creator. When the artistic work is fixed, the creator owns the copyright in the artistic work. Because the artistic work must be fixed, copyright does not protect ideas or concepts. Copyright only protects the expression of ideas or concepts. For example, Johnny Cash’s lyrics and melody to “Folsom Prison Blues” is copyrightable. But the idea of an imprisoned man longing for release is not.
The Copyright Act contains eight categories of artistic works that can be copyrighted:
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.
In sum, copyright can be obtained for artistic works in those eight general categories. Copyright can be obtained when the artistic work is fixed, but not the mere idea or concept. And, the creator owns the copyright in the artistic work when it is fixed.
Next time, what rights does copyright provide.
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