In the world of creativity, where ideas fly in the air like birds, it is important to know how to protect your “chicks” from the hands of others. And that’s where copyright comes in – the very shield that protects your intellectual property. But what exactly falls under its protection? What kinds of works can be considered your property, which no one has the right to infringe upon without your permission? This question, by the way, is very important, because not everything created by a person automatically becomes an object of copyright. There are certain criteria, certain limits. And in this article, we are going to find out what those criteria are, what kinds of works are protected by copyright, and how this right works in practice. In other words, we’re going to open up a toolbox of tools to protect your creativity. So let’s get started!
Section 1: Literary works
The word is a powerful weapon. It can inspire, entertain, teach, and even wound. This is why literary works, as the most common form of expression, require special protection. In this section we will look at which literary works fall under copyright and how it protects the work of writers, poets, journalists and other creators of words. From novels to articles, poems to plays, we will look at the whole spectrum of literary creation and how to ensure that it is properly protected. So, let’s begin our journey into the world of copyright in literary works.
Subsection 1.1: Books
Books are probably the first thing that comes to mind when we talk about literary works. And no wonder, because books have been the primary way of communicating knowledge, stories and ideas for centuries. But what exactly in a book is protected by copyright?
Copyright in literary works, particularly books, extends to the text of the work. This means that no one can copy, publish, translate or otherwise use your text without your permission. Whether it’s fiction, a scholarly work, or a textbook, copyright protects your intellectual property.
Here are some examples of exactly what is protected in a book:
- plot;
- composition;
- character images;
- dialogues;
- descriptions;
- style of speech.
Note that copyright does not apply to ideas, themes, facts, but only to their specific embodiment in the text. For example, you cannot patent the idea of a novel about love, but you can copyright the specific text of your novel about love.
So if you have written a book, you can be sure that your labour is protected by law. And no one has the right to use it without your permission. It is your right, and you should know it and know how to use it.
Subsection 1.2: Articles
Articles are another common type of literary works. They can be published in newspapers, magazines, anthologies, and on the Internet. And just like books, articles are protected by copyright.
The peculiarity of protecting articles is that often the rights to use them are transferred to the edition in which they are published. This means that the publication has the right to distribute, translate and otherwise use the article. However, copyright in the article still belongs to the author, and the publication is obliged to include his/her name when publishing it.
It is important to realise that the transfer of the rights to use an article does not mean the transfer of copyright. The author retains non-property rights to the article, such as the right of authorship, the right to name and the right to protect reputation.
One more important point: if you write an article to order, be sure to conclude a contract with the customer, in which the terms of use of the article and the amount of remuneration are clearly stated. This will help avoid misunderstandings and protect your rights. Therefore, be careful and cautious when it comes to your literary works. After all, as the saying goes, “God protects the safe.” And we move on to the next subsection.
Subsection 1.3: Poems
Poems are a special kind of literary works. They differ from prose in their rhythm, melody and emotionality. And copyright, of course, extends to works of poetry as well. The protection of poems is similar to that of other literary works. No one may copy, publish, translate or otherwise use your poem without your permission.
Even if you simply read your poem at a literary evening or publish it on your social networking page, it is already protected by copyright. This means that other people can quote your poem, but only with reference to you as the author and to the extent justified by the purpose of the quotation.
Copyright in poems, as in other literary works, lasts for the life of the author and 70 years after his or her death. After that, the poems pass into the public domain.
If you are seriously engaged in poetry, I recommend that you read in more detail the peculiarities of protection of literaryworks: Copyright on literary works: peculiarities of protection. This will help you better understand your rights and protect them effectively.
Section 2: Musical Works
Music is a universal language understood by everyone. It is capable of conveying emotions, creating moods, inspiring. And just like literary works, musical works are subject to copyright. In this section, we’ll look at exactly which musical works are protected by law, and how to protect your music from illegal use. From songs to symphonies, folk tunes to electronic music, we will deal with the whole spectrum of musical creation.
Subsection 2.1: Songs
Songs are perhaps the most popular type of music. And no wonder, because a song combines music and lyrics, which makes it particularly vivid and emotional. Copyright for musical works, particularly songs, covers both the music and the lyrics. This means that in order to use a song, permission must be obtained from the author of the music and the author of the lyrics. If the music and lyrics are written by the same person, then only that person needs permission.
So what counts as using a song? Here are some examples:
- public performance;
- recording;
- internet distribution;
- use in advertising;
- creating remixes and cover versions.
It is important to remember that even if you use only part of a song, such as just the melody or just a few lines of lyrics, you still need permission from the author(s). The exception is quoting to the extent justified by the purpose of the quotation, with the obligatory reference to the author(s).
Copyright for songs, as for other musical works, lasts for the life of the author(s) and 70 years after his/her death. Therefore, if you create songs, take care to protect your work.
Subsection 2.2: Instrumental compositions
Instrumental compositions are musical works, which do not contain lyrics. They can be classical music, jazz, electronic music, film soundtracks and the like. Although they do not contain words, they are protected by copyright just like songs.
Copyright in musical compositions extends to the melody, harmony, rhythm, timbre, and other elements of a musical composition. This means that no one may copy, arrange, publicly perform, or otherwise use your musical composition without your permission.
As with songs, the use of even a fragment of an instrumental composition requires permission from the author. The exception is quotation with obligatory reference to the author, if the quotation is justified by the purpose.
Copyright on instrumental compositions lasts for the life of the author and 70 years after his death.
For more detailed information on protecting your music, we recommend the article: Copyright for musical works: How to protect your music?. Knowing your rights is the first step to protecting them.
Section 3: Photographs
In the world of visual content, photographs play an important role. They document life’s moments, convey emotions, and tell stories. And, of course, photos are also subject to copyright. In this section, we’ll look at how copyright law protects the rights of photographers, and the specifics of protecting different types of photos. From artistic portraits to reportage shots, we’ll look at how to ensure your photographic work is properly protected.
Section 3.1: Artistic Photography
Art photography is more than just capturing a moment. It is real art, reflecting the author’s vision of the world. And such art certainly needs to be protected. Photographic copyright covers all types of photographic works, including fine art photography.
What exactly is protected? Copyright protects the originality of the composition, perspective, light and shade, colour scheme and other elements that create the uniqueness of a photograph. In other words, it protects the photographer’s creative contribution.
The photographer’s rights in artistic photographs include:
- The right of reproduction;
- the right of distribution;
- the right to import copies of the photographs;
- the right of public display;
- the right to recycle and other rights provided by law.
It is important to remember that copyright in photos arises automatically from the moment the photo is created. You do not need to register your photos to get protection. However, registration can be useful in case of copyright disputes. And we move on.
Subsection 3.2: Reportage photography
Reportage photography captures events that happen in real time. These can be political events, sporting events, cultural events, accidents, natural disasters and the like. Although reportage photography has a documentary character, it is also an object of copyright.
The protection of reportage photographs has its own peculiarities. On the one hand, it is important to ensure that the public has access to the information these photographs contain. On the other hand, it is necessary to protect thephotographer’s rights and prevent the illegal use of his work.
The copyright of reportage photographs extends to the choice of angle, composition, and the moment of taking the photograph. Even if the event you are photographing is a public event, your photograph is your copyrighted work and is protected by law.
However, there are exceptions. For example, if you take a photograph of a public person while they are performing their duties, it may be permissible to use the photograph in the news without your permission. But in any case, your name must be credited as the author when the photo is published.
Copyright on reportage photos, as on other photos, is valid during the life of the author and 70 years after his death. You can learn more about protecting your photos in this article: Copyright on photos: how to protect your photos?
Section 4: Computer programmes
In the digital age, computer programs have become an integral part of our lives. They control the operation of computers, smartphones, home appliances, cars and many other devices. And, of course, such complex and important products of intellectual labour need reliable protection. In this section, we look at how copyright protects software, and what the specifics of protection are for different types of computer programmes.
Subsection 4.1: Source code
Source code is the text of a programme, written in a programming language. It is what underlies any computer programme. And it is source code that is the primary subject of copyright protection for computer programs.
Copyright protects the source code of from copying, modification, distribution, and other use without the author’s permission. This means that no one has the right to use your source code, even if it is written in a common programming language and performs standard functions. It is your specific embodiment of the algorithm in the code that is protected.
It is important to understand that copyright on computer programs does not protect ideas, principles, methods, techniques, processes, systems, methods, methods, concepts, discoveries, even if they are expressed, described, explained, illustrated, or embodied in a programme. Only the form of expression of these ideas in the form of a specific source code is protected.
Source codeprotection is extremely important to software developers . After all, it allows them to control the use of their products and get remuneration for their labour.
Subsection 4.2: Object code
Object code is the result of compiling source code. Whereas source code is text that a programmer can understand, object code is a set of machine instructions that a computer can understand. Although object code is not as “readable” as source code, it is also protected by copyright.
Copyright protection for object code derives from source code protection . Since object code is derived from the source code, any illegal use of object code is automatically considered a copyright infringement of the source code.
This means that no one may copy, distribute, or otherwise use your object code without your permission. Even if someone has accessed your object code without access to thesource code, they still cannot legally use it.
Copyright in computer programs, including both sourcecode and object code, lasts for the life of the author and 70 years after the author’s death. More information about copyright incomputer programmes can be found at: Copyright in Computer Programmes.
Section 5: Video
Video is a powerful communication tool that combines image, sound, and motion. Videos, films, animation, video games – all of these are videos that may be subject to copyright. In this section, we look at how copyright law protects various videos, and the specifics of this protection.
Subsection 5.1: Feature Films
Feature films are one of the most complex and spectacular types of video. They combine literary script, acting, directing, music, special effects and many other elements. And all these elements, if they are original, are protected by copyright.
Video copyright, particularly for feature films, covers:
- the screenplay;
- stage direction;
- the acting (if original);
- music specially composed for the film;
- visual effects;
- editing.
This means that no one has the right to copy, distribute, publicly display or otherwise use a feature film without the permission of all the authors whose works are used in the film.
Copyright for feature films lasts for the lifetime of the authors and 70 years after the death of the last author (if it is a compilation work). Copyright protection gives film makers the ability to control the use of their works and receive remuneration for their labour.
Subsection 5.2: Videos
Videos, short videos ranging from adverts to TikTok, are also covered by copyright protection at . Whether you publish your video on YouTube, social media or your own website, it is your copyrighted work.
What exactly is protected?
- Filming.
- Montage.
- Original music created for the video.
- Author’s text created for the video.
- Graphics and animation.
Copyright law prohibits copying, distribution and any other use of videos without the author’s permission. And remember: even a short video for Instagram has copyright protection. Like other types ofvideos , copyright on videos lasts for the life of the author and 70 years after his death.
More information can be found at: Video Copyright.
Section 6: Design
Design is everywhere. It surrounds us in our everyday life, influences our mood and shapes our perception of the world. From the logo of your favourite brand to the interior of your flat – design plays an important role in modern society. And, of course, design is also subject to copyright. In this section, we look at exactly what kinds of designs are protected by law, and how to protect your designs.
Subsection 6.1: Graphic Design
Graphic design is visual communication that uses graphic elements to convey information and ideas. Logos, illustrations, fonts, posters, book and magazine covers, infographics – all this is graphic design. And all of these can be subject to copyright.
Copyright on design, in particular on graphic design, protects the original graphic solutions created by the designer. This can be a unique combination of colours, shapes, lines, textures. Even if you use standard graphic elements but combine them in an original way, your design may be protected by copyright.
Copyright for logos also falls into this category. Alogo is a graphic image that identifies a company or brand. And if your logo is original, you can copyright it .
Copyrightprotection gives designers the ability to control the use of their work and be rewarded for their labour. So, if you are involved in graphic design, be aware of your rights and protect your creativity.
Unit 6.2: Web Design
Web design is the design of websites. It includes the development of visual design, structure, navigation and other elements of a website. And although web design has its own specific features, it can also be subject to copyright.
Web sitedesign copyright covers original design elements such as:
- graphic design;
- arrangement of elements on the page;
- fonts;
- colour scheme;
- animation.
It is important to realise that the copyright of does not extend to the technical solutions used in the creation of the site. For example, you cannot protect copyright the code of the site or its architecture. But you can protect the original websitedesign, which is the result of your creative labour.
Web design copyright gives designers the ability to control the use of their work and prohibit others from copying their website design. So if you create a unique web design, don’t forget to protect it.
Unit 6.3: Interior Design
Interior design is the art of creating a functional and aesthetically pleasing indoor space. And while interior design is often considered an applied art, it can also be the subject of copyright.
Interior design copyright can cover original design elements such as:
- the layout of the space;
- selection of furniture and décor;
- colour scheme;
- lighting;
- textiles.
However, copyright protection in this area has its own nuances. Copyright does not apply to functional elements of the interior. For example, you cannot copyright the arrangement of windows or doors. But you can protect the original combination of interior elements that creates a unique artistic image.
Interior design copyright gives designers the ability to prohibit copying of their work.
Conclusions
In this article, we have looked at the types of works protected by copyright. From literary works to design, copyright protects a wide range of creative activity. It’s important to remember that copyright arises automatically from the moment a work is created. You do not need to register your work to be protected. However, to better protect your rights, it is recommended that you record the date of creation of your work and keep all materials proving your authorship. Knowing your rights is the first step to protecting them. So, create, exercise your rights and protect your creative achievements!
Is an idea protected by copyright, or only its embodiment?
This is one of the most fundamental questions in copyright law. The answer lies in understanding the nature of copyright itself. Copyright law protects the form in which an idea is expressed, not the idea itself. In other words, the law protects the specific way in which you brought your idea to life, not the abstract concept.
Imagine an idea for a novel about the love between a vampire and a human. The idea itself is not copyrightable. It can be used by anyone. However, if you write a novel based on this idea, with specific characters, plot, dialogues, descriptions – then your text, as a form of expression of this idea, will be protected by copyright. Another author can write his novel about the love between a vampire and a human, but he cannot copy your text, your characters, your dialogues. He must create his own form of expressing the same idea.
This applies not only to literary works, but also to all other types of creativity protected by copyright: music, photography, design, computer programmes and the like. For example, the idea of a love song is not protected. But the melody, harmony, rhythm, and lyrics of a particular song are protected. The idea of a logo in the form of a stylised tree is not protected. But the specific graphic image of this tree created by the designer is protected.
It is important to realise that the line between an idea and its embodiment can be quite thin. Court practice shows that the more detailed and original the embodiment of the idea, the stronger the copyright protection. For example, the general idea of a game where you have to collect items and avoid obstacles is not protected. But the specific design of levels, characters, game mechanics of a popular game is protected, because it is not just an abstract idea, but its detailed and original embodiment.
So, if you want to protect your creativity, focus on the originality and detail of the form of expression of your idea. The more unique your work, the less likely it is that someone will be able to create something similar without infringing your copyright. And in the event of a dispute, it is the specific elements of your work, not the abstract idea, that will be the subject of the court’s review. Remember: copyright law protects not the “what” but the “how.” It protects not what you tell, but how you tell it.
If I post my poem on social media, does that mean I lose copyright on it?
No, the publication of a poem on social media does not automatically lose copyright. Copyright arises automatically from the moment the work is created, regardless of its publication or registration. Posting a poem on a social network is, in effect, making the work public, making it available to a wide audience. However, this does not deprive the author of his or her rights.
It is important to realise that by posting a work on a social network, you agree to the terms of use of that platform. These terms usually state that you grant the social network a licence to use your work as part of the platform’s operation. This means that the social network can, for example, display your poem to other users, copy it to its servers to make it available, use it for promotional purposes on the platform, and the like. However, this does not mean that you transfer all your copyright to the social network. You remain the author of the poem and retain the right to control its use outside the platform.
What does this mean in practice? Other users cannot, without your permission:
- Copy and distribute your poem outside of the social network.
- Use your poem for commercial purposes (e.g. print it on t-shirts and sell it).
- Create derivative works based on your poem (e.g. translate it into another language or create a song based on it).
- Modify your poem without your permission.
Users can:
- Read your poem within the social network.
- Share a link to your poem on a social network.
- Quote your poem, respecting the rules of citation (indicating the author and source, to the extent justified by the purpose of the citation).
To be more confident and protect your rights, you can:
- Indicate your authorship on the poem itself (e.g., write your name and year of creation).
- Add the copyright symbol © to your name.
- State the terms of use of your work (e.g., “Any use of this poem without the author’s permission is prohibited”).
- Take a screenshot of the page with your poem as proof of publication and date.
So, publishing a poem on social media does not deprive you of your copyright, but it is important to understand the terms of use of the platform and take steps to signify your authorship and protect your rights. If you have any doubts or questions about the use of your work, it is best to consult a copyright specialist. For example, Polikarpov Law Firm can provide you with qualified legal assistance on copyright and intellectual property protection.
What is the difference between copyright protection for source code and object code of a programme?
Although both the source code and object code of a programme are protected by copyright, it is important to understand the nuances of their protection. They are both different forms of expressing the same programme, but they have different characteristics and purposes.
Source code is the text of a programme written by a person in a programming language understandable to the programmer. It contains the logic and instructions for running the programme. Copyright law protects the source code as a literary work. This means that it is forbidden to copy, modify, distribute the source code or create derivative works based on it without the author’s permission. The protection extends to the code structure, algorithms, functions, comments and even the way of formatting.
Object code is the result of compiling source code. It is machine code that is executed by a computer. It is not human-readable without special decompilation tools. Although object code is not readable as text, it is also a form of programme expression and is protected by copyright as a derivative work from the source code. This means that it is illegal to copy, modify, distribute object code without permission from the author of the source code.
The key difference is in the protection:
- Direct protection: The source code is protected directly as an original work. Its text is copyrightable.
- Indirect protection: Object code is protected indirectly, through its relationship to the source code. Copyright infringement of object code is considered an infringement of the source code from which it was derived.
Practical implications:
- The distribution of a programme is usually in the form of object code (executable files). This does not mean that users are free to copy or modify the programme. The licence agreement defines the terms of use of the program, even if the source code is not provided.
- Decompiling object code to obtain the source code for the purpose of copying or creating a similar programme is an infringement of copyright, with some exceptions provided by law (e.g. for compatibility).
- The object code defence is more difficult to prove in court because it is difficult to compare directly with other code. However, proof of copyright infringement of source code automatically proves infringement of object code.
Thus, although both source code and object code are protected by copyright, source code has direct and stronger protection. Object code protection is derived from source code protection. Understanding these nuances is important for software developers and users alike. If you have questions about protecting your software, contact copyright specialists such as Polikarpov Law Firm for professional advice. We can help you develop a strategy to protect your intellectual property and enforce your rights.
Can I use a photo of a famous person from the internet for my blog without permission?
Using a photo of a famous person from the internet for your blog without permission is a complicated situation in terms of copyright and image rights. Even if the photo is freely available on the internet, it does not mean that it can be used without consequences. There are several aspects to consider:
- Copyright of the photograph: A photograph, as a work of art, is protected by copyright. The author of a photograph can be a professional photographer, an amateur, or even a famous person himself if he took selfies. Without the author’s (or copyright holder’s) permission, using a photo is a violation of copyright. This applies to any use: copying, publishing, modifying, etc. Д.
- Image rights: A famous person has the right to control the use of their image. Even if you have permission from the author of the photo, you still need permission from the famous person themselves to use their image on your blog, especially if the use is commercial in nature (e.g. if your blog is monetised through advertising). The exception to this may be if the photo is taken in a public place during a public event and the use of the image is justified for an informational purpose.
- Platform Terms of Use: If you have found a photo on a site that provides photos for use (such as a photo stock), please read the licence agreement carefully. Some photos may be available for free use with certain restrictions (e.g. author attribution) and some may require a licence fee.
- Fair use: In some countries, there is a concept of “fair use” which allows the use of others’ works without authorisation in certain limited cases, e.g. for criticism, parody, teaching. However, “fair use” is a complex legal concept and its application depends on many factors. You should not rely on “fair use” without consulting a lawyer.
Consequences of unlawful use of a photograph:
- Copyright Infringement Lawsuit: The author of the photograph or a famous person can sue the court for copyright and image infringement. This can result in significant fines and damages.
- Removal of the photo from your blog: If requested by the author of the photo or a celebrity, you will have to remove the photo from your blog.
- Reputation Damage: Illegal use of a photo can negatively affect your reputation as a blogger.
Recommendations:
- Always get permission from the photo author and celebrity before using the photo on your blog.
- Use photos from free photo stocks with licences that allow use on blogs.
- Take your own photos or commission photos from professional photographers.
- Consult a copyright and image rights lawyer if you have concerns about the use of a photograph.
Polikarpov Law Firm provides legal advice on copyright and intellectual property protection. We will help you to understand complex situations and avoid legal problems. Please contact us for professional assistance.
Do interior designs need to be registered to be copyrighted? And how can I prove my authorship if necessary?
Registration of interior design to obtain copyright protection is not mandatory. Copyright arises automatically from the moment of creation of the work, including interior design. This means that your design is protected by copyright from the moment it was fixed in any material form – drawings, sketches, 3D models, photographs, etc.
However, the absence of compulsory registration does not mean that registration has no advantages; it can significantly simplify the process of proving authorship and protecting your rights in case of a dispute. An officially registered design is public proof of your authorship and the date of creation of the work.
How to prove authorship without registration:
- Keep all materials that confirm the process of creating the design: It can be preliminary sketches, drawings, plans, 3D models, correspondence with the customer, photos of different stages of work, testimonies of colleagues or the customer. The more detailed you document the process, the easier it will be to prove your authorship.
- Date of creation:Establishing the date of creation is key to proving authorship. You can use various methods to fix the date:
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- Notarisation: You can get a notary to certify copies of your drawings or other materials.
- Deposit: Some organisations offer an escrow service for copyright works, which allows you to fix the date of creation.
- Letter of recommendation to yourself: This is an old but still effective method
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You send yourself a registered letter describing your design and don’t open it. The postage stamp on the envelope will be proof of the date.
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However, this method is not reliable and is not recommended as a primary method.
- Electronic Digital Signature: You can sign your design files with an electronic digital signature. This will record the date and time the file was created, as well as confirm that the file has not been altered after signing.
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- Witnesses: Testimonials from people who were present when the design was created or saw it in its early stages can also be used as proof of your authorship.
Benefits of design registration:
- Simplified proof of authorship: A certificate of registration is conclusive proof of your authorship.
- Plagiarism protection: Registering your design makes it more difficult to copy and use it illegally, as information about your design is publicly available.
- Compensation: If your copyright is infringed, a registered design makes it easier to seek compensation for damages.
Conclusion: Although registration of your interior design is not mandatory, it makes it much easier to protect your copyright. Weigh up the pros and cons and choose the best option for you. If you need help with design registration or advice on copyright issues, contact the experts at Polikarpov Law Firm. We have extensive experience in intellectual property and will help you protect your creative achievements.
