I Have Heard It Said That Intellectual Property Law Protects The Expression Of Ideas, And Not The Ideas Themselves. Is That The Case?
There are many legal texts that make this point. One might question the true accuracy of this statement; however, thinking in these terms can provide a helpful way to identify specific items of works that are protected by intellectual property law.
Consider a couple of real life examples. For instances, a number of businesses may come up with the idea of making lightweight, precooked, prepackaged foods for camping and backpacking. It is the way each company expresses this idea, or achieves the end product, that is protected.
Consider a group of photographers all working with the same subject matter (this is the idea) such as photographing a section of coastline. Even though they use the same subject matter, copyright law will protect each photographer`s work (the expression of the idea).
Typically, none of the photographers will be allowed to claim protection for the idea of photographing the coastline. It is not the intention of the law to protect things that are part of the public domain or ideas that everyone has a right to use. However, if the subject matter consists of someone`s own creative work, then the subject would be protected because it is someone`s own expression of an idea.
Other Intellectual Property FAQs
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What Is Intellectual Property Law?
A: Our legal system provides certain rights and protections for owners of property. The kind of property that results from the use of the mind in developing new ideas and … More -
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Can Intellectual Property Fall Into More Than One Of The Sub-Categories Of Trademark, Copyright, Patent, Or Trade Secret?
A: Sometimes you can have overlapping protection. For example, a floral sketch might be protected under copyright law. If embossed onto tableware, patent law may also … More -
Q:
What Is A Copyright?
A: Copyright is a form of protection provided to the authors of original works of authorship including literary, dramatic, musical, artistic, and certain other … More -
Q:
Why Should I Register My Work If Copyright Protection Is Automatic?
A: Registration is recommended for a number of reasons. Many choose to register their works because they wish to have the facts of their copyright on the public record … More -
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How Do I Register My Copyright?
A: To register a work, you need to submit a completed application form, a nonrefundable filing fee of $30, and a nonreturnable copy or copies of the work to be … More -
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What Is The Telephone Number For The U.S. Copyright Office?
A: The Public Information Office telephone number is (202) 7073000. To order application forms, the number is (202) 7079100. TTY is (202) 7076737. -
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What Is The Mailing Address For The U.S. Copyright Office?
A: The mailing address is Copyright Office, Library of Congress, 101 Independence Avenue, S.E.,Washington, D.C. 205596000. -
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What Are The Visiting Address And Hours Of Operation For The U.S. Copyright Office?
A: The Copyright Office is located at 101 Independence Avenue, S.E., Washington, D.C., in the James Madison Memorial Building, Room LM401, of the Library of … More -
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Where Can I Get Application Forms?
A: You may get forms from the U.S. Copyright Office in person, by mailing in a request, by calling our 24hoursperday forms hotline: (202) 7079100, or … More -
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How Long Does The Registration Process Take?
A: The time the Copyright Office requires to process an application varies; depending on the amount of material the Office is receiving. You may generally expect a … More
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