What does copyright protect? Copyright protection in the United States is governed and enforced by the United States Copyright Office. The U.S. Copyright Office allows authors to register their original works of authorship for copyright protection, which grants the exclusive right to make, sell, and distribute copies of their works within the United States. Copyright exists as soon as a fixed, original work is produced, meaning an author does not have to register their work for copyright to prove ownership. However, in order to claim, protect, and enforce the exclusive rights of copyright, registration with the U.S. Copyright Office is mandatory. Read more about Protecting your Brand with Copyrights.
For something to be considered an original work, it must be independently created or authored by a human, must contain a degree of creativity, and must be able to be perceived, reproduced, or communicated. For example, a photo taken on an iPhone is considered an original work as it can be seen (“perceived”), copied (“reproduced”), and sent out (“communicated”). Depending on the type of original work being registered, there are different applications to complete. In this article, we will delve into the types of original works that are eligible for copyright registration by Standard application.
Important Note: The author and/or their representative are responsible for choosing the correct application form. The electronic registration system is not able to determine whether the correct form was selected for the original work being registered or whether the original work will be registered.
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Standard Application – Original Works Accepted
A Standard Application may be used to register 1 original work, collective work, derivative work, or compilation. An original work is any creative expression independently created by its author. A collective work is a compilation of independent works that are assembled into 1 collective whole. A derivative work is based on one or more preexisting works.
Literary Works
Original literary works are meant to explain, describe, or narrate a particular subject, genre, theme, or idea through the use of narrative, descriptive, and/or explanatory text. Literary works are generally intended to be read rather than performed before an audience, hence the emphasis on text over dialogue or actions.
According to the U.S. Copyright Office, literary works can include literature such as novels, poetry, textbooks, reference works, directories, catalogs, advertising copies, compilations of information, computer programs and databases. Additionally, an article that has been published in a serial publication qualifies as a literary work, however registration does not include the entire issue of a periodical or other serial publication.
Works of the Visual Arts
According to the U.S. Copyright Office, visual artworks include a wide range of pictorial, graphic, sculptural, and architectural works of art. Pictorial works of art can be photographs, prints, or art reproductions. Graphic works of art can be maps, globes, charts, diagrams, models, or technical drawings. Architectural works of art can be building blueprints and architectural plans.
These types of artworks can be either two-dimensional or three-dimensional works of fine, graphic, and applied art. The Compendium of U.S. Copyright Office Practices defines applied art as “art employed in the decoration, design, or execution of useful objects, or those arts or crafts that have a primarily utilitarian function, or the designs and decorations used in these arts.”
Sound Recordings
The original work of a sound recording is made up of a recorded fixation of a series of music, words, or other sounds. Sound recordings may consist of an individual singing a song, playing a musical instrument, delivering a lecture, reading a book out loud, performing a slogan, or a group of people hosting a podcast or performing radio play. Even natural world sounds, such as animal noises, wind chimes, or rainfall, can be considered to be a sound recording as long as the sound recording contains a sufficient amount of production authorship,
According to the U.S. Copyright Office, audio recordings can include just the sound recording itself, or both the sound recording as well as the audio components contained in the recording, such as an instrumental composition, literary work, or dramatic work. Sound recordings may be fixed within a CD, vinyl, cassette, audio tape, or digital audio file (most commonly .mp3), however cannot be fixed in a midi file, audiovisual work, video, or motion picture soundtrack.
When seeking to copyright music, it is important to note that the musical composition of a song and a specific audio recording of that song being performed are identified as two separate works. A musical work consists of the musical composition and/or lyrics of a song (in text or audio format) while a sound recording is a specific audio performance of a song. A sound recording generally contains performance and/or production authorship.
When completing a standard copyright registration application, choose the type of work option of “Sound Recording” only:
- If you wish to register ONLY the performance and/or production authorship contained within a particular recording;
- If you wish to register BOTH a musical work (including lyrics if applicable) and the recorded performance of that work; or
- If you wish to register BOTH a textual work and the recorded performance of that work.
Important Tip: If you are ONLY registering a musical work (including lyrics if applicable) and NOT registering the recorded performance of said musical work, select the “Work of the Performing Arts” type of work option.
If you are ONLY registering a textual work and NOT registering the recorded performance of said textual work, select the “Literary Work” type of work option.
Respective option is accurate regardless of whether the work is fixed in printed or audio form.
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In order for a musical or textual work along with the sound recording performance of that work to be registered within one application, the musical composition and sound recording must be embodied in the same phonorecord (.mp3, CD, LP), and the claimant for both the musical composition and sound recording are the same.
Works of the Preforming Arts
Performing artworks may include musical works (with or without lyrics), choreographic works, or dramatic works such as a script, screenplay or pantomime.
It is crucial to note that musical works only include the musical composition and lyrics, if any, that are embodied in the work; it does not cover a recorded performance of the composition. A musical composition is made up of a melody, rhythm, and/or harmony expressed in a system of musical notation along with any accompanying lyrics, typically authored by a composer, songwriter, or lyricist, fixed by either phonorecord or by copy of the sheet music. Whereas a sound recording consists of a particular performance of a musical composition, typically authored by a producer, sound engineer, or performer, only fixed by phonorecord.
For example, the composition of the song “I Will Always Love You” is a musical work, while the published recording of Whitney Houston singing “I Will Always Love You” is a sound recording.
The copyright owner of a musical composition is free to perform and display the work publicly, whereas the copyright owner of a sound recording is limited to performing their musical composition only by means of a digital audio transmission and cannot display the work publicly.
Motion Pictures/AudioVisual Works
Audiovisual works are works that are made up of a series of related images with any accompanying sounds, intrinsically intended to be shown and viewed through the use of a machine or device such as a projector or television. Types of audiovisual works include slideshow presentations, video games, and motion pictures. Motion pictures consist of a series of related images along with any accompanying sounds, intended to convey the impression of motion, such as feature films, documentaries, animations, TV shows, or videos.
Important Note: Copyright protection of audiovisual works does not cover the concept or idea behind the work or any characters portrayed in it.
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Single Serial Issues
A serial issue is a textual work that has been published in successive parts and is intended to continue publications indefinitely, such as magazines, newspapers, newsletters, or academic, professional, or scientific journals. Each serial issue must bear a numerical (volume/issue number) and/or chronological (such as March 5, 2022 or Fall 2021) designation to show that it is part of an ongoing series.
In order for a serial issue to be eligible for copyright registration in a standard application, the issue must be a collective work. Collective works consist of a compilation of various separate and independent works assembled into a single collective whole. A copyright registration for a collective work covers the authorship in the compilation, meaning the selection, coordination, or arrangement of the individual works that make up the collective work, not the individual works themselves unless (1) the collective work and individual works are fully owned by the same party, (2) the individual works have not been previously published or registered, and (3) the individual works are out of the public domain.
Additionally, in order for a serial issue to be eligible for copyright registration in a standard application, the issue must have been published. A public performance or display of a work does not constitute publication, as publication is defined as the public distribution of a work by sale or other transfer of ownership, such as rental, lease, or lending.
Important Tip: If the issue is not a serial issue or collective work, nor has been published, select the “Literary Works” type of work option. If there are multiple issues, each individual work will need to be registered independently on a separate standard application.
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Online Copyright Registration Help from a USPTO Registered Patent Attorney
Copyright registration seems a lot more complex than it really is. In fact, you can easily register your original work for copyright registration on your own by following our simple 3 Steps to Copyright.
However, if you would like some more guidance, feel free to schedule a free copyright consultation with Carson Patents USPTO registered patent attorney, Greg Carson.
Get your questions quickly answered by checking out our Copyright FAQs page.
