Introduction to Intellectual Property and Patents: Session 3 of 3: Copyrights and IP Strategy

Law School

Welcome to our third session in this intellectual property series, focusing on Copyrights and IP Strategy. In our previous sessions, we covered patents and trademarks, both of which play an important role in protecting various aspects of a business's intellectual property. Today, we are shifting our focus to copyrights, which protect creative works such as literature, music, art, and software. Copyrights are essential for safeguarding the expressions of original ideas and fostering the creation of cultural and artistic content. Copyright protection ensures that creators can derive economic benefits from their works, which incentivizes continued innovation and creativity.

A copyright is a form of intellectual property protection granted to the creators of "original works of authorship," including literary, dramatic, musical, artistic, and certain other intellectual works. Copyright gives the creator exclusive rights to reproduce, distribute, perform, display, and create derivative works based on their original creation. Unlike patents and trademarks, which protect inventions and brand identifiers, copyrights are specifically aimed at protecting creative expression. The purpose of copyright law is to encourage creativity by ensuring that authors and artists can benefit financially from their work, thereby incentivizing the production of cultural, scientific, and educational materials. Copyright helps establish a balance between the rights of creators to control their works and the public's interest in accessing cultural and educational content.

Copyright protection is automatic as soon as an original work is fixed in a tangible medium of expression. This means that the moment a writer types out a poem, an artist paints a picture, or a musician records a song, that work is protected by copyright. The creator does not need to file any paperwork or register the work to obtain copyright protection. However, registering a copyright with the U.S. Copyright Office can provide additional legal benefits, such as the right to sue for statutory damages in the event of infringement. Registration also serves as evidence of ownership, which can be helpful in legal disputes. Copyright generally lasts for the life of the author plus 70 years, which provides long-term protection and economic benefits to both the author and their heirs. For works created by corporations or other entities, the term of protection is 95 years from publication or 120 years from creation, whichever is shorter.

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