New York is home to world-class artists, musicians, writers, designers, and innovators. Whether drafting a novel in Brooklyn, composing music in Buffalo, filming an independent movie in the Hudson Valley, or designing software in Rochester, your creative work deserves protection. The type of creation determines the form of legal protection available, such as copyright, trademark, or patent. So, what types of works are protected by copyright? Understanding the answer is essential to safeguarding your ideas and ensuring others don’t unlawfully copy or use your hard work.
What Does Copyright Protect?
Copyright law protects original works of authorship fixed in a tangible medium. In simpler terms, the work must be your creation and exist in some form that others can see, hear, or touch. Copyright protection does not cover ideas, facts, or systems. It protects the expression of those ideas.
Copyright generally protects the following:
- Literary works—books, poems, articles, manuals, and even software code;
- Musical works—songs, sheet music, and accompanying lyrics;
- Dramatic works—plays, screenplays, and scripts;
- Choreographic works—recorded or notated dance routines;
- Pictorial, graphic, and sculptural works—paintings, photographs, drawings, and statues;
- Motion pictures and other audiovisual works—movies, TV shows, video games, and online videos;
- Sound recordings—recorded music, podcasts, and audiobooks; and
- Architectural works—building designs and architectural blueprints.
Each of these categories has specific rules and limitations. In New York, where creative communities thrive from Manhattan to Syracuse, understanding the boundaries of copyright protection can help safeguard your intellectual property. It also prevents unintentional infringement of someone else’s work.
Works Not Protected by Copyright
While copyright protects many types of works, it does not protect:
- Ideas, procedures, methods, systems, and processes;
- Facts, discoveries, and news;
- Short phrases, names, titles, and slogans;
- Familiar symbols and designs; and
- Works not fixed in a tangible form (e.g., a speech never written down or recorded).
If unsure whether your work qualifies, consult an experienced copyright lawyer. The legal landscape around copyright can be complex, especially when works cross the lines between creative expression and functional ideas.
How Do You Get Copyright Protection?
You do not have to register your work to gain copyright protection. As soon as your original work is in tangible form, it receives protection under U.S. copyright law. This applies to creators throughout New York, whether you’re a photographer in Albany or a game designer in Queens.
However, registering your work with the U.S. Copyright Office gives you additional legal benefits, such as the ability to file a lawsuit if someone infringes on your rights. Registration also creates a public record of your copyright claim.
The registration process includes submitting an application, paying a fee, and providing a copy of your work. A copyright attorney can help file your application and avoid common mistakes that could delay protection or result in rejection.
What Is Copyright Infringement?
Copyright infringement means using someone else’s creative work without their permission. This includes copying music, movies, books, photos, or software. Even sharing or changing the work without approval can break the law. Common examples include:
- Copying and distributing music or movies without the creator’s permission;
- Using images or photos from the internet on websites, blogs, or social media without proper licensing;
- Reproducing parts of a book or article in a publication or online without authorization;
- Sharing copyrighted software or apps without a legal license; and
- Creating and selling products (e.g., t-shirts or posters) featuring copyrighted logos, characters, or artwork without approval.
Copyright protects creators’ rights and allows them to control how they use their work. Using a copyrighted work without permission could result in legal trouble or fines. Sometimes people accidentally infringe, but the rules still apply. To protect your work as a copyright owner, clearly mark it with a copyright notice and understand your rights under copyright law.
How a Copyright Attorney Can Help
Navigating the complexities of copyright law can be challenging. An attorney can help you understand what types of works are protected by copyright, ensuring you take the right steps to safeguard your creative efforts.
A skilled intellectual property attorney can also:
- Explain your rights and whether your work qualifies for copyright protection,
- Guide you through the registration process to avoid errors and delays,
- Draft and review licensing agreements for the use of your works,
- Represent you in infringement disputes and litigation, and
- Advise you on fair use and best practices to avoid legal issues.
By working with a copyright attorney, you can confidently protect your creative assets while focusing on your craft.
Contact Jones Intellectual Property for Copyright Protection
At Jones Intellectual Property, we understand the value of your creative work. Michael Jones has dedicated his career to helping clients safeguard their intellectual property. His background in engineering and law gives him a unique ability to assist clients across various industries, from software and technology to fashion, entertainment, and consumer products.
Our firm provides personalized and cost-effective legal services for individuals and companies throughout New York. Michael works with independent artists, tech entrepreneurs, fashion brands, authors, designers, and more to protect their original works. He can assist with every aspect of copyright protection, from registration to enforcement.
Jones Intellectual Property also offers guidance on related matters, such as licensing, intellectual property transactions, and strategies to maximize the commercial value of your creative output. Michael has represented clients before district courts, the U.S. Court of Appeals for the Federal Circuit, the International Trade Commission, and the Patent Trial and Appeal Board.
If you are ready to protect your creative work or have concerns about infringement, contact Jones Intellectual Property today. Michael is here to help you confidently navigate the complex world of copyright law. Let our knowledge and experience work for you so you can focus on creating.
Resources:
- U.S. Copyright Office, U.S. Copyright Office Fair Use Index (February 2025), link.
- U.S. Copyright Office, Listing of Fees for Copyright Registrations, link.
- World Intellectual Property Organization, What Is Intellectual Property?, link.
