Are you protecting a software program, a cartoon, a song, a literary work, artistic work, a sound, a smell, a photograph or digital graphic work? A copyright protects the form of expression of a creator against copying.
Literary (including computer programs, websites and databases), dramatic, musical and artistic works are included within the protection of U.S. copyright law. It does not protect the idea or concept, only the way it is expressed. For example, a computer software algorithm would need patent protection while the expression of the algorithm in code language would receive copyright protection. Some computer programs receive copyright protection while maintaining the proprietary program as trade secret.
When a copyright registration is granted by the United States Copyright Office (not the Patent and Trademark Office, but the Library of Congress) to authors of original works of authorship, the form of expression is protected against use by others. State law and common law afford some protection to copyrights that are not registered, however, there are very significant advantages to federal registration. Some foreign countries will grant copyright protection to foreign authors, while others may not grant such rights. |
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