Tuesday, July 19, 2016

Copyright Protection for Business Owners

At Global Resources, we often create the foundation for success.  Whatever stage your business may be at, we can help elevate your brand and increase profits. 
Some clients may require assistance for copyright. If you’re a business leader contemplating obtaining a copyright, we can help you.  If you’re just beginning your research, here are details you should know:   
  1. What is copyright? Copyright is a legal right created by the law of a country that grants the creator of an original work exclusive rights for its use and distribution. The exclusive rights are not absolute but limited by limitations and exceptions to copyright law, including fair use. A major limitation on copyright is that copyright protects only the original expression of ideas, and not the underlying ideas themselves.
  2. What can I have copyrighted? According to the US Copyright Office, in order for something to qualify for copyright protection, that something must exist in a tangible form. Specifically, protection under the copyright law extends only to original works of authorship that are fixed in a tangible form. “Original” means merely that the author produced the work by his own intellectual effort, as distinguished from copying an existing work. Copyright protection may extend to a description, explanation or illustration, assuming that the requirements of the copyright law are met.
  3. What cannot obtain a copyright? There's always room for interpretation and confusion over what is and isn't protected by copyright law. Below we've outlined five things the US Copyright Office clearly states are not protected by copyright—even if they are a tangible expression of an idea or thought.
    • Ideas, Methods or Systems- Ideas, methods and systems are not covered by copyright protection. According to the US Copyright Office, this covers quite a few things including making, or building things; scientific or technical methods or discoveries; business operations or procedures; mathematical principles; formulas, algorithms; or any other concept, process, or method of operation.
    • Commonly Known Information - This category includes items that are considered common property and with no known authorship. Examples include standard calendars, height and weight charts, telephone directories, tape measures and rulers and lists or tables taken from public documents. 
    • Choreographic Works - A choreographic work, whether original or not, is not subject to copyright protection unless it has been videotaped or notated. The same applies to speeches that have not been transcribed before or after they are given, as well as any other types of performances.
    • Names, Titles, Short Phrases or Expressions - Also exempt: names, titles, short phrases, or expressions—such as that catchy slogan you came up with for your business—product descriptions, pseudonyms, titles of works and business names. 
    • Recipes-Specifically the listing of ingredients (even if it's your own recipe ingredients) is not protected by copyright. This applies to formulas, compounds, and prescriptions as well. There are exceptions however, such as when recipes are compiled in a cookbook for instance or if the recipe is accompanied by “substantial literary expression,” a term that refers to text such as directions, or when there is a combination of recipes, there may be a basis for copyright protection.
    • Fashion - Contrary to what you might think, fashion is not protected by copyright law. Despite the fact that copyright law protects such things as architectural design works or works of the visual arts, fashion is all about clothing and accessories, which under copyright law are considered “useful articles." It is possible however, to copyright a specific fabric pattern (Burberry plaids for example), but not the actual dress.

To learn more and / or to schedule your complimentary appointment with the business experts at Global Resources LLC, call us at 855-338-0266.

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