What Does Copyright Protect? Learn What’s Safe & What’s Not

Copyright gives creators legal control over their original work, allowing them to decide how it’s used, distributed, or shared. It protects against unauthorized use and helps creators earn from their work.

If you’re a writer, artist, musician, or designer, understanding the purpose of copyright is essential to safeguard your artistic works and avoid copyright infringement.

Not everything is protected under copyright law, so it’s important to know what is and isn’t covered. Understanding these distinctions helps you make informed decisions in your creative and business ventures.

What Does Copyright Protect?

Copyright law protects original works of authorship, including literary, musical, or audiovisual works, as long as they are fixed in a tangible medium of expression.

Under 17 U.S.C. § 102 of the U.S. Copyright Act, copyright exists the moment a work is expressed in a physical or perceivable form, either directly or with the help of a device, such as a computer.

Once a work is documented, the exclusive rights of copyright owners to reproduce, distribute, and perform the work publicly become automatic. These rights allow creators to control how their work is shared and used.

Published and Unpublished Works

Both published and unpublished works are protected by copyright law as long as they are original and fixed in a tangible medium.

Published works are those that have been distributed to the public, such as through sale or exhibition. For instance, a novel sold in bookstores is a published work.

Unpublished works, such as a personal journal, unfinished manuscript, or private artwork, are also protected as long as they have been documented or recorded.

The Copyright Act does not require a work to be published to receive protection. The moment the work is fixed in a form that others can perceive, it is protected by copyright.

Literary Works

This includes written content such as books, essays, articles, poems, and even software code. Copyright law protects how these works are expressed, whether in printed, typed, or digital form.

For example, a novel is protected from being copied or adapted without the author’s permission. However, the ideas behind the novel are not copyrightable—only the specific way they are written down is protected.

Musical Works

Both the musical composition, including the notes, rhythm, and melody, and the lyrics are protected by copyright, whether in sheet form or recorded. However, live performances are not automatically protected unless recorded or transcribed.

Dramatic Works

Plays, screenplays, and scripts are considered dramatic works under 17 U.S.C. § 102(a)(3). This includes both the written dialogue and stage directions.

However, copyright law does not protect works in the public domain, like many classic works by authors like Shakespeare. While modern adaptations of these works may receive protection, the original texts are free to use without restriction.

Choreographic Works

Choreography can be copyrighted if recorded or documented in some form, such as video or dance notation. Choreographic works must have an original sequence of movements expressed in a tangible medium.

Pictorial, Graphic, and Sculptural Works

This category covers artistic creations like paintings, drawings, sculptures, and illustrations. This copyright protection extends to creative designs that are expressed visually, such as jewelry design, furniture design, and toy design.

However, it’s important to note that copyright protection for these designs only applies to their artistic or decorative elements, not their functional aspects. For instance, a beautifully crafted chair may have its artistic design protected, but the basic functionality of the chair—being something to sit on—cannot be copyrighted.

Audiovisual Works

Audiovisual works like movies, TV shows, videos, and video games are protected by copyright, covering visual and auditory elements. For example, a film is safeguarded as a whole, including its screenplay, cinematography, sound, and music.

Architectural Works

Buildings that exhibit unique and original design elements are copyright-protected. This protection applies to the creative and aesthetic aspects of a building’s design, such as an artistically designed facade or layout.

What Copyright Does Not Protect

Copyright protects many creative works, but it does not cover everything. Certain categories and works in the public domain fall outside its scope.

The public domain consists of works that are free to use, share, and adapt without needing permission to use the work. Works enter the public domain for various reasons: their copyright ownership has expired, they were never eligible for copyright, or their creators deliberately placed them there.

Below are categories that copyright does not protect:

Facts

Facts, like historical events or scientific discoveries, are not protected. These are considered public domain because they are not creations of authorship but rather realities that exist independently of human expression.

For example, the fact that Earth orbits the sun cannot be copyrighted, but a book explaining it in a creative way can be.

News also falls under this category, though a journalist’s news article or broadcast is protected as authorship.

Names, Titles, and Short Phrases

Names, titles, and short phrases like slogans are not eligible for copyright protection. The U.S. Copyright Office considers these too brief to be original. The kind of protection these might fall under would be trademark law.

For instance, a title like “The Great Adventure” or a slogan like “Just Do It” cannot be copyrighted, though they may be trademarked for commercial use.

Ideas

Only the expression of ideas is protected by copyright—not the ideas themselves. You cannot obtain copyright for a general concept, only for how it is expressed.

Take the concept of a book about space travel: the idea itself is not protected, but the unique way a particular book describes space travel can be.

Characters

The general concept of a character is not protected by copyright, though well-developed, distinct characters may be.

Consider a generic superhero who flies and has super strength—this concept isn’t copyrightable, but the specific way that character is depicted—such as Superman’s appearance, personality, and backstory—can be protected.

Colors and Fonts

You cannot claim to copyright individual colors or fonts, such as the color red or a font like Arial. However, an original color scheme or unique typography in a design or logo may be protected if it qualifies as a copyrighted work.

Instructions, Recipes, and Procedures

Recipes, instructions, and procedures are not protected under copyright as they are considered processes or systems. However, the way they are written, such as in a cookbook, can be protected.

Take a recipe or product assembly guide—the steps themselves aren’t protected, but the written or visual presentation may qualify for copyright protection.

Jokes and Short Expressions

Simple jokes or one-liners are not protected by copyright due to their brevity. In contrast, longer, more developed expressions, like a full comedic performance, may be protected if they are considered original works.

Your Own Face or Voice

You cannot copyright natural attributes like your face or voice since these are not works of authorship. On the other hand, if your voice is recorded narrating a book, that audio recording could be protected as a sound recording.

Money

Currency, such as coins and bills, is not protected by copyright. Government laws, including anti-counterfeiting regulations, regulate its design, but it does not fall under copyright law.