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IP Series 3 of 4: Common Types of Copyright Works

Date: January 9, 2024

In fiscal 2021, the Office issued more than 403,000 registrations and collected more than $34 million in registration application fees.

How Copyrights Safeguard Your Brand Identity

In the digital age, where content is king and creativity is currency, protecting your brand identity is more crucial than ever. Beyond trademarks, copyrights serve as a formidable shield, defending the unique expressions of your brand from unauthorized use and exploitation. Let’s delve into how copyrights play a pivotal role in safeguarding your brand identity:

  1. Securing Original Works: Copyrights protect original creative works, including written content, images, videos, music, and software. By obtaining copyright protection for your brand’s creative assets, you establish ownership rights and prevent others from copying or reproducing them without permission.
  2. Preserving Brand Consistency: Consistency is key to building a strong brand identity. Copyrights ensure that your branded content remains consistent across various platforms and mediums, reinforcing brand recognition and trust among consumers.
  3. Preventing Plagiarism: Plagiarism can undermine the integrity and credibility of your brand. Copyrights provide legal recourse against individuals or entities that plagiarize your content, enabling you to take swift action to protect your brand’s reputation and intellectual property rights.
  4. Defending Against Infringement: Copyrights empower you to defend your brand identity against infringement by third parties. Whether it’s unauthorized use of your brand’s logo, website content, or marketing materials, copyright protection gives you the leverage to enforce your rights and seek remedies for infringement.
  5. Enhancing Brand Value: Originality is a hallmark of a reputable brand. Copyright protection adds value to your brand by highlighting its unique creative assets and distinguishing it from competitors. Investors and consumers alike are drawn to brands that invest in creativity and innovation, contributing to the overall value and marketability of your brand.
  6. Fostering Innovation: Copyright protection encourages innovation and creativity within your organization. Knowing that their creative works are safeguarded by copyrights, your team members are motivated to develop innovative branding strategies, content, and campaigns that set your brand apart in the marketplace.
  7. Global Reach: Copyright protection extends internationally, providing comprehensive coverage for your brand’s creative assets across borders. This global protection is essential in today’s interconnected world, where digital content can be easily shared and distributed across diverse geographical regions.

Common Types of Copyright Works

Copyright protects original works of authorship fixed in a tangible medium of expression. While copyright law provides broad protection, it doesn’t extend to ideas, facts, systems, or methods of operation.

Here are some common types of works that can be protected by copyright:

Literary Works

This category includes novels, poems, plays, articles, and other written works.

The Copyright Act defines “literary works” as “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, film, tapes, disks, or cards, in which they are embodied.” (17 U.S.C. § 101)

Performing Arts

This category covers plays, scripts, screenplays, original compositions, musical scores, sound recordings, and other works intended for performance.

The Copyright Act states that performing a work “means to recite, render, play, dance, or act it, either directly or by means of any device or process or, in the case of a motion picture or other audiovisual work, to show its images in any sequence or to make the sounds accompanying it audible.” (17 U.S.C. § 101)

Visual Arts

This category includes paintings, drawings, sculptures, photographs, jewelry, fabric, and other visual art forms.

Pictorial, Graphic, and Sculptural Works

The Copyright Act states that “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.” (17 U.S.C. § 101)

Architectural Works

The Copyright Act defines “Architectural Works” as “the design of a building as embodied in any tangible medium of expression, including a building, architectural plans, or drawings. The work includes the overall form as well as the arrangement and composition of spaces and elements in the design, but does not include individual standard features.” (17 U.S.C. § 101)

Motion Pictures

The Copyright Act defines “motion pictures” as “audiovisual works consisting of a series of related images which, when shown in succession, impart an impression of motion, together with accompanying sounds, if any.” 17 U.S.C. § 101

Audiovisual Works

The Copyright Act defines “audiovisual works” as “works that consist of a series of related images which are intrinsically intended to be shown by the use of machines or devices such as projectors, viewers, or electronic equipment, together with accompanying sounds, if any, regardless of the nature of the material objects, such as films or tapes, in which the works are embodied.” (17 U.S.C. § 101)

Photographs

This category includes photographs made with different tools like digital images, film, and photos taken by a camera.

Other Digital Content

This category covers software and computer programs, blogs, mask works, screen displays, video games, websites, apps, databases, social media posts, and spreadsheets.

It’s important to note that copyright protection is automatic upon the creation of the work; however, registering the work with the relevant copyright office provides additional benefits, such as the ability to sue for statutory damages and attorney’s fees.

In addition to the main categories listed above, copyright law also protects the moral rights of authors, giving them certain rights to attribution and the integrity of their works. The specific rights and limitations can vary depending on the jurisdiction.

In conclusion, copyrights serve as invaluable guardians of your brand identity, shielding your creative works from imitation, exploitation, and misuse. By securing copyright protection for your brand’s original content and creative assets, you establish a solid foundation for building and maintaining a distinctive and reputable brand in the digital age. Invest in copyrights to safeguard the essence of your brand and ensure its long-term success and prosperity.

For additional information, visit the U.S. Copyright Office and WIPO websites.

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