Can You Copyright an Idea Or Concept?

For example, what happens if a poet in Brooklyn and an average Joe from California both write a poem on the same topic? Both of them independently thought of the same concept, and both generated the same expression. They’d both be perfectly entitled to use it, but how would the two people know if their ideas were not identical? They’d probably not care. So, can you copyright an idea or concept?

Ideas are free without patent protection

Both patents and copyrights protect creative expression and inventions. An idea, on the other hand, is completely free. It can be freely used without any financial compensation. Everything in this world started with an idea. Somebody came up with an idea, and that idea can be stolen by someone else – or they may have a similar concept to your own. Having a patent protects your idea and protects your product from imitators. Whether your idea is a new food recipe or a new way to cook an egg, a patent will help you ensure that your idea is not copied.

So, what are the ways to protect an idea?

Copyright protects the original expression of an idea, not the idea itself. In other words, a writer can write a poem and not worry about copyright issues as long as he/she credits the idea to the original author. A writer can also protect the expression of a poem or idea in the form of a book or movie. This is called the idea-expression dichotomy.

The Supreme Court has often interpreted copyright as protecting the original expression of an idea and not the idea itself. For instance, in the case of Baker v. Selden, 101 U.S. 99 (1879), a book describing a system and accounting process written  by Selden was protected by copyright laws. Baker had published and sold copies of a book in which he included blank forms used in the book written by Selden on a bookkeeping system. The book therefore had copied parts of Selden’s invention, but was not a complete work of art or idea.

When Selden sued, the court ruled that an author could not exclude anyone from following the instructions in a book and proceeded to discuss extensively the distinction between copyright and patent. The court stated that patents covered exclusive rights to useful arts described in books while copyright was only applicable to the description of the useful artwork. In other words copyright only protects the expression of the idea and not the idea itself. The Court therefore clarified that Selden only held a copyright and not a patent.

While an idea may be protected by copyright, an expression does not have to be in the form of a book or a video. For example, a photograph on a phonebook cover is an original work. However, a phonebook with a list of names and addresses is not protected by copyright.

Image Credit: Unsplash

Copyright ideally protects works of authorship, such as writings, music, and works of art that have been tangibly expressed. There are several other types of content that aren’t copyright protected. For example, factual information about current events or the natural world cannot be protected. In fact, they’re not even considered an act of authorship. These items can be used in any way. For example, if someone wants to learn how to crack an egg, they can use the word “egg” to describe the process.

The utilitarian rationale incentivizes creators, primarily through commercial gains and social benefits as it is not restrictive on certain common place words and expressions. In contrast, author’s rights recognizes the author’s deep connection to their works, which they consider to be their moral rights. This approach ensures the attribution of the author while also protecting the integrity of their creative works. Utilitarian language and authors’ rights have historically been associated with civil law systems.

Many people believe that registration is required to obtain a copyright. However copyright is not subject to publication, registration, or any other action by the Copyright Office. Copyright is automatically secured when the work is created. A work is considered “created” when it’s fixed in a copy or phonorecord the first time.

Although copyright automatically exists in an original work of authorship once it is fixed, a copyright owner can take steps to enhance the protections such as registering the copyright. This is recommended for the various reasons including:

  1. Registration establishes a public record regarding the copyright claim.
  2. Registering is required before an infringement lawsuit may be filed in court (for works from the U.S.).
  3. Registration establishes prima facie evidence before a court of law that the copyright was valid and the facts contained in the certificate were correct if it is made within five years of publication.
  4. The copyright owner will receive statutory damages and attorney fees if registration is done within three months of publication or infringement. The copyright owner is not entitled to actual damages or profits.
  5. The registration allows the owner to register the copyright with the U.S. Customs Service in order to protect against the importation or infringing copies.
  6. Registration allows the owner to reproduce copies the work or phonorecords.
  7. Registration allows creation derivative works that are based on the work.
  8. Registration allows the owner to distribute copies and phonorecords to the public through sale or transfer of ownership, rental, lease, lending, or rental.
  9. Public performance of the work is permitted where the work has been registered if it’s a literary or musical, dramatic, or dance-based work.
  10. Where the work is registered, public display of the work is permitted if it’s a literary, artistic, dramatic, or choreographic piece; a pantomime; and a pictorial or graphic work. This rights also applies to individual images in a motion picture, or other audiovisual works.
  11. If the registered work is a sound record, it can be performed publicly using a digital audio transmission.

In the United States, there is only one place to register copyright and that is at the Copyright Office. The office registers copyright claims, records copyright ownership information, provides information to public about copyright and assists Congress and other government agencies on a variety of copyright issues.

The date a work was created determines the length of copyright protection. The current law gives works that were created after January 1, 1978 copyright protection for a term of seventy years following the author’s death. The term of the copyright for a work that is jointly created lasts seventy years from the death of the last surviving author. Copyright protection for works created for hire or anonymous or pseudonymous work is 95 years after publication, or 120 years after creation, depending on the shorter time frame. Work created prior to 1978 has a different time frame.