A copyright is an exclusive set of rights that regulates the use of a particular expression of information or an idea. These rights to an original creation are limited in duration, and can be originated by an Orange County copyright attorney.

Intellectual properties that fall under the category of copyright law are books, movies, photography, painting, poems, plays, choreography, and in some instances—design.

Copyright law covers only the manner or form in which an idea or information has been manifested. A copyright does not cover the actual fact, concept, idea, or technique represented by copyright law.

Originality is the test that a work must past to obtain a copyright. A work is original if it owes its origin to the author, and was not copied from a preexisting work. In this sense, a work can be original without being either novel or unique.

An owner has five exclusive rights in a copyrighted work:

1. Reproduction Right: This is the right to copy, transcribe, or imitate a work in fixed form.

2. Modification Right: This is the right to modify a work to create an entirely new work.

3. Distribution Right: This is the right to distribute copies of a work by lease, lending, rental, or public sale.

4. Public Performance Right: This gives the owner the right to play, dance, recite, show, perform, or act the work at a public place.

5. Public Display Right: This pertains to showing a work in public by means of film, television, or slide.

It is also important to note that facts of a work are not protected under copyright law, even if the owner or author spent huge amounts of time gathering those facts.

If another person, working independently, creates a duplicate of the copyrighted work, the creation will not violate any the owner’s exclusive rights.

Copyright law is extensive, and the owner has rights, which may be subject to exceptions and limitations that might work in favor of another person. The best advice is to do your homework as thoroughly as possible, and never refrain in getting the help you need from a professional.

Contact Vic Lin for a free consultation regarding your intellectual property rights.