Copyright

Only an original work of authorship that is fixed in a tangible medium of expression can be protected.  “Fixed in tangible medium of expression” may be fixation in words, numbers, notes, sounds, pictures, any other graphic or symbolic indicia. Live broadcast that is simultaneously recorded is also fixed.  Videogames: The games/images are fixed in the computer memory, albeit with real-time variations when they are played.

Original work of authorship  -  Creativity is not necessary. No requirement for novelty, ingenuity, aesthetic merit.  But the work must be original to the author.

Not subject to copyright:  “Words and short phrases such as names, titles, and slogans; familiar symbols or designs; mere variations of typographic ornamentation, lettering or coloring; mere listing of ingredients or contents.” 37 CFR § 202.1(a)(1985). There is no protection offered for fonts, typefaces (these are covered in design patents).

The idea is not protected, only the expression:  “idea, procedure, process, system, method of operation, concept, principle, discovery” (e.g. Blank Form Rule - If the form does not itself convey information it’s not copyrightable).

Useful Articles  - Until 1954 it was widely assumed that only statutory protection for the designs of utilitarian articles was design patent law. Now, the artistic, creative aspects of a useful article are protected. A useful article is an article having an intrinsic utilitarian function that is not merely to portray the appearance of the article or to convey information. An article usually a part of a useful article is a useful article.
Duration - if the author claims the copyright, its duration is measured by the life of the author plus 70 years to his/her estate. For a proper calculation guide review the following circular at the Library of Congress: http://www.copyright.gov/circs/circ15a.pdf.

Notice is optional - Berne-Implementation Act states that a notice of copyright may be placed. If work carries notice then the infringer cannot claim “innocent infringement.”

  • Notice:  “(c) 2004 Joe Owner” or “Copyr. 2004 Joe Owner”
  • Best Notice:  “(c) 2004 Joe Owner, All Rights Reserved”