Copyright is an important form of intellectual property that can be used to protect works of authorship that may not be protected by a patent.
When inventions are disclosed to TLO, the invention may be reviewed for potential intellectual property, and TLO considers both patent potential and copyright potential for each invention. In the case an invention may be better protected by copyright rather than patenting, TLO is happy to provide guidance and information on copyright issues.
Copyright grants the creator of original works exclusive rights to copy a work and control how their work is used. Unlike patents, which protect an idea or invention, copyright protects the expression of an idea in a physical form and not the idea itself.
Copyright covers a wide range of creative works, including literary works, musical works, dramatic works, artistic works, architectural works, audiovisual works and sound recordings. In addition, clinical instruction manuals and software can also be protected by copyright.
A copyright for a certain work can be registered at the U.S. Copyright Office. However, in the U.S., copyright protection arises automatically when a work is created and fixed in a tangible medium of expression by being written down, recorded or otherwise captured in a physical form. There's no need for registration to gain basic copyright protection.
While registration isn't mandatory, it has certain advantages. For example, a registered copyright creates a public record and presumption of ownership, increases the amount of potential damages that can be recovered, and prevents importation of foreign works that infringe the copyright. Additionally, registration for the copyright must first be obtained in order to pursue a party for infringement; however, the copyright can be registered after the infringement is discovered without losing rights to sue for infringement.
Have more questions about copyrights? Contact our intellectual property experts!
