The Basics: What is Copyright?

Copyright

Copyright is probably the easiest to claim and protect. It is the protection of the expression of original ideas, in books, courses, sound recording/music, architectural design, computer software, fine arts, photography, broadcast, etc. Things that cannot be copyrighted include facts, titles of works, scènes à faire, slogans, and catchwords/catchphrases. In certain circumstances, titles can be trademarked. For instance, where you have a book series like Harry Potter, The Baby-Sitters Club, and Diary of a Wimpy Kid, you create a brand around the book and the titles can be protected under a trademark.

At the core of copyright lie the two elements of expression and originality. The idea has to be expressed in tangible form for it to enjoy protection. Unlike Patents, Copyright is not so much concerned with novelty as it is with originality. 

This focus on originality is the reason why works that seem similar to existing works can enjoy copyright protection, as long as they are the original products of their creator. As we move through the world, it is possible that we witness or participate in similar experiences that inspire our expression of those experiences. It is the reason we can have several movies and books written on the same battle in a war. It is the reason two people can experience love or pain and express what they feel in a similar fashion through song or book or art. 

How many times have you heard someone say something and you say or think to yourself, ‘Gosh, I was just thinking about that’? Although the idea may be the same, the expression of that idea will certainly be different when it is an original expression.

Copyright does not require registration. As soon as the protectable property is created, it enjoys protection, which lasts through the life of the creator, plus 70 years. Subsequent claims contesting the originality of a work will have to show that the contested work was created at some time after the existence of the original work, and that the work being contested was so greatly influenced by the original that it is an indisputable copy of it. Although copyright does not require registration, in jurisdictions like the United States, registration is required to bring an action for infringement in court. The Nigerian Copyright Commission also has an e-registration platform if you want to register your work. In the US, the Copyright Office also has an e-registration platform. The advantage of registration is that it puts an official date stamp on the existence of your copyright on a work.

You can read more about the basics of intellectual property in the articles:

The Basics: What is Intellectual Property? 

The Basics: What is Patent and Design?

The Basics: What is Trademark?

The Basics: How to Manage Your Intellectual Property