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5 Things You Can’t Copyright

Heleigh Bostwick - Mar 2010

So you’ve written the next hit song, crafted a slogan to sell millions, and even come up with a recipe that puts Iron Chef to shame—the question is, can you copyright them? Learn the five surprising things that you can’t copyright (and what you can).

What is protected by copyright?

According to the US Copyright Office, in order for something to qualify for copyright protection, that something must exist in a tangible form. Specifically:

Protection under the copyright law (title 17 of the U.S. Code, section 102) extends only to original works of authorship that are fixed in a tangible form (a copy). “Original” means merely that the author produced the work by his own intellectual effort, as distinguished from copying an existing work. Copyright protection may extend to a description, explanation, or illustration, assuming that the requirements of the copyright law are met.

In other words, that great idea you told your friend about the other day cannot be protected by copyright in and of itself, but if you write that great idea down, the words can be protected.

Still, there’s always room for interpretation, confusion, and ongoing debates over what is and isn’t protected by copyright law. So below we’ve outlined five things the US Copyright Office clearly states are not protected by copyright—even if they are a tangible expression of an idea or thought.

What is not protected by copyright?

1. Ideas, Methods, or Systems

Ideas, methods, and systems are not covered by copyright protection. According to the US Copyright Office, Circular 2, this covers quite a few things including making, or building things; scientific or technical methods or discoveries; business operations or procedures; mathematical principles; formulas, algorithms; or any other concept, process, or method of operation.

2. Commonly Known Information

This category includes items that are considered common property and with no known authorship. Examples include standard calendars, height and weight charts, telephone directories, tape measures and rulers, and lists or tables taken from public documents. A phrase such as “The sky is blue” also falls under this category since there is no known authorship associated with it.

3. Choreographic Works

A choreographic work, whether original or not, is not subject to copyright protection unless it has been videotaped or notated. The same applies to speeches that have not been transcribed before or after they are given, as well as any other types of performances.

4. Names, Titles, Short Phrases, or Expressions

Also exempt: names, titles, short phrases, or expressions—such as that catchy slogan you came up with for your business—product descriptions, pseudonyms, titles of works, and business names. The good news is that while they are not protected by copyright, if they pertain to your business (for example, goods and services) they can be protected with a trademark.

Recipes also fall under this category. Specifically the listing of ingredients (even if it’s your own recipe ingredients) is not protected by copyright. This applies to formulas, compounds, and prescriptions as well. There are exceptions however, such as when recipes are compiled in a cookbook for instance or if the recipe is accompanied by “substantial literary expression,” a term that refers to text such as directions, or when there is a combination of recipes, there may be a basis for copyright protection.

5. Fashion

Contrary to what you might think, fashion (that is, a shirt, dress, or other article of clothing) is not protected by copyright law. Despite the fact that copyright law protects such things as architectural design works (Circular 41) or works of the visual arts (Circular 40), fashion is all about clothing and accessories, which under copyright law are considered “useful articles." It is possible however, to copyright a specific fabric pattern (Burberry plaids for example), but not the actual dress. And, it should be noted that while designs can’t be copyrighted, they can be patented.

For more information please visit:

US Copyright Office

Should Fashion Design Be Copyrightable?

 

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Click here to copyright your creation today!

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Comments

Submitted by PA Jacobo on Feb 22, 2010 - 5:21PM

This is good to know!! Thank you for posting this article. Very informative.

Submitted by Mark Tolbert on Feb 22, 2010 - 8:52PM

Hello if we put a slogan on a t-shirt that is for sell, can that slogan be copy written or pattened?
thank you for answering this question for me..
Mark

Submitted by LegalZoom on Feb 7, 2011 - 2:17PM

Hi Mark,

While LegalZoom cannot tell you which form of intellectual property protection is right for you, you can visit http://www.legalzoom.com/trademarks-patents-copyrights/summary-compare-t... to compare Copyrights and Trademarks and decide which, if either, is right for you. If you have any further questions, please do not hesitate to give us a call (1-800-773-0888, 6am-7pm PST, M-F)

Sincerely,
LegalZoom Staff

Submitted by elizabeth allen on Feb 24, 2010 - 5:02PM

Yeah, I've got a BIG question. I've created sales methodology based on a trademarked acronym, CODE. I have a book coming out and will be teaching essentially public seminars on the process. My training materials have my copyright, all my trade names are trade marked-
So according to the article, I have NO protection for my breakthrough business process (even though there are technology applications associated with it in development)?
Please advise & thank you.
Elizabeth

Submitted by LegalZoom on Feb 7, 2011 - 2:19PM

Hi Elizabeth,

While LegalZoom cannot tell you what type of protection may be appropriate for your process and its associated technology, you can visit http://www.legalzoom.com/trademarks-patents-copyrights/trademarks-patent... and http://www.legalzoom.com/trademarks-patents-copyrights/patent-overview.html to learn more about the various ways to protect your intellectual property. Copyrights protect original works of authorship. Trademarks protect names, logos, slogans and other mechanisms for differentiating goods and services according to their source. Patents protect inventions and innovations, including machines, methods and processes, and manufactured articles. If you have any further questions, please do not hesitate to contact us at (1-800-773-0888, 6am-7pm PST, M-F)

Thanks for your interest in LegalZoom,
LegalZoom Staff

Submitted by Alex S. on Feb 25, 2010 - 12:23AM

Hello Legal Zoom,
Great article. Very informative. I see that business names cannot be copyrighted. But what about business logos? Please respond. Thank you, Alex S.

Submitted by LegalZoom on Feb 7, 2011 - 2:21PM

Hi Alex,

While LegalZoom cannot tell you whether your particular logo might qualify for protection, you can visit http://www.legalzoom.com/trademarks-patents-copyrights/summary-compare-t... to learn more about various forms of protection. This should provide a good starting point for you to decide whether your logo is protectable and whether you want to seek protection for it. If you have any further questions, please do not hesitate to contact us at (1-800-773-0888, 6am-7pm PST, M-F)

Sincerely,
LegalZoom Staff

Submitted by L. McKee on Feb 25, 2010 - 6:57AM

Thank you for this article. In item #1 under 'What is Not
Protected by Copywright', it clearly eliminates my item,
because it is an idea which includes methods, of building
my item. I've dabbled in the patent process before, and I
consider it, to be too cumbersome and expensive, for me
personally. Thanks again.

Submitted by LegalZoom on Feb 7, 2011 - 5:22PM

Dear L. McKee,

Neither copyright nor patent law protects ideas, although either might protect the item that results, depending on what that item is. And you're correct that patents do protect useful methods or processes. As to your comment about the patent process, it can certainly be daunting, but LegalZoom makes it easy and affordable--if you've never worked with us on a patent application, and think your idea deserves patent protection, we would love to help you with your application. If you would like to explore this further, feel free to contact us at 1-800-773-0888, 6am-7pm PST, M-F

Thanks,
LegalZoom Staff

Submitted by Batiste on Mar 3, 2010 - 10:34AM

I would like to know can Poems be Copywrite or patent?

Submitted by LegalZoom on Feb 7, 2011 - 2:22PM

Hi Batiste,

Copyrights protect original works of authorship, such as novels, poems, paintings, plays, movies and architectural works. Patents protect inventions, such as machines, processes and methods and manufactured articles.

Sincerely,
LegalZoom Staff

Submitted by Gayle Allen on Mar 9, 2010 - 1:52PM

I need someone to help me with producing and patenting and marketing my invention.

Submitted by RB on Jan 31, 2011 - 12:25PM

I have gone through most of what you are asking for

Submitted by GM on Jan 31, 2011 - 5:58AM

I would be interested in reading any of your article pertaining to trademark law and how to register for a trademark.

Also, I would be interested in reading any of your article regarding patents.

Thanks

GM

Submitted by LegalZoom on Feb 3, 2011 - 6:15PM

Hi GM,

To read more of our trademark articles go here:
http://www.legalzoom.com/intellectual-property-rights/trademarks

To read about starting a trademark go here:
http://www.legalzoom.com/trademarks/trademarks-overview.html

Hope that helps.

Thanks for your interest in LegalZoom

Submitted by Nancy Eaton on Jan 31, 2011 - 6:58AM

You forgot Recipes. The ingredients are not copyrightable but the way you write the description of how to prepare it must be in your own words.

Submitted by LegalZoom on Feb 7, 2011 - 5:23PM

Dear Nancy,

You're absolutely right that mere lists of ingredients are not copyrightable, and that, to receive any copyright protection for a recipe, you must present it in some way that demonstrates at least some creativity (your "expression" of the "idea). If you manage that, then the creative additions or presentation may be protectable. And, as you say, it must be in your own words, since using someone else's words--THAT PERSON'S creative additions to the mere ingredients--would be to run the risk of infringing someone else's copyright.

LegalZoom Staff

Submitted by Glenda Ketchuck on Jan 31, 2011 - 8:14AM

I am writing a biographical/series. Is it possible to have an open account to make it possible to add to my works whenever I wish? Thanks. Glenda Ketchuck

Submitted by LegalZoom on Feb 7, 2011 - 2:57PM

Hi Glenda,

We would need more information in order to assist you. What sort of protection are you seeking? What form is the work in—film/tv, written, other?

Thanks,
LegalZoom Staff

Submitted by David Gachuhi Nganga on Feb 1, 2011 - 6:04AM

I would highly appreciates if you help in registering my copyright work in literaly category that has been registred in Kenya by Kenya Copyright Bord be registered in the US copyright department

Submitted by LegalZoom on Feb 7, 2011 - 2:25PM

Dear David,

Please visit http://www.legalzoom.com/legal-copyrights/copyrights-overview.html to get started with your Copyright application. If you require assistance with your application, please contact us at (1-800-773-0888, 6am-7pm PST, M-F). One of our customer service representatives will be glad to help you get started with your registration.

Thanks,
LegalZoom Staff

Submitted by Anonymous on Feb 1, 2011 - 1:39PM

I perform custom rooms for sport fans from all walks of life.Is it okay for me to market my rooms by saying"Come and get your Auburn Championship Rooms today by calling the professionals at The Paint Factory.My question is can I say Auburn or any other team name while marketing my rooms.If not can I say ,War Eagles Room.

Submitted by LegalZoom on Feb 7, 2011 - 2:32PM

Dear Sports Fan,

While LegalZoom cannot advise you as to your use of these names in conjunction with your products, we can refer you to an attorney qualified to answer your question. Please refer to: http://attorneyconnect.legalzoom.com Go War Eagles!

Sincerely,
LegalZoom Staff

Submitted by Anonymous on Feb 1, 2011 - 8:17PM

I have been writing fiction/novels for over 30 years bbut haven't attempted to get anything published until now. Do I need to get a copyright prior to submitting any of my work to a publisher?

Submitted by LegalZoom on Feb 7, 2011 - 2:55PM

Dear Reader,

You’ve lit on a very interesting question—whether to register your work(s) before submitting to a potential publisher on spec. Many publishers won’t even accept unsolicited manuscripts, because of the Copyright issues that can arise. You can go to http://attorneyconnect.legalzoom.com to get a referral to a lawyer to get legal advice on this issue—this is an area you don’t want to enter into blindly, and LegalZoom can help you connect with an attorney who can help you navigate your way through.

Thanks for your interest,
LegalZoom.com

Submitted by Anonymous on Feb 3, 2011 - 7:28AM

One of the biggest issues is photographic copyright. I wish you could have addressed that. When you get pictures printed, they make you agree to a statement that you own the pictures/copyright. If I hire a photographher to shoot pictures of whatever, is that not a work for hire, and don't I own the photographs? Most photographers will tell you they have copyrighted the image. It should be a simple thing. You hired them, you paid them, you "own" the image.

Submitted by LegalZoom on Feb 7, 2011 - 2:46PM

Who owns the rights to a photographic image is a nuanced question, largely controlled by your agreement and relationship with the photographer. In many cases, the photographer owns the rights to the image, and copying that image without the photographer’s consent can be an infringing use of the image. One exception to that usual rule is the Work Made for Hire doctrine, but whether your particular situation falls within that exception is a legal question and can only be answered by a lawyer—since LegalZoom is not a law firm, we cannot provide legal advice on this issue. We can, however, refer you to an attorney qualified to advise you further. If you want to take advantage of this service, please go to http://attorneyconnect.legalzoom.com for more information.

Thanks,
LegalZoom Staff

Submitted by GORDON HAROLD DOWTON on Feb 6, 2011 - 8:06AM

Just a short missive to let you know how much I value your site. As an inventor, I have been numerous times through the patent process, but would like to increase the scope of my understanding of law concerning what is and is not, under one's control.

Again, KUDOS.

GHD

Submitted by Pat on Apr 19, 2011 - 12:39PM

My husband applied for a patent for a program/application. Is this the correct protection for a computer program?
Pat

Submitted by Shawn L on Jul 10, 2011 - 4:59PM

Does any know what sort of copyright protections exist for scholarly journals (those that publish research manuscripts)? More specifically, are the abstracts (summaries) that accompany these manuscripts protected in any way?


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