17.3 Copyright-Subject Matter-Generally
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Method of OperationUnder 17 U.S.C. §102(a), copyright protection extends to original works of authorship, including software generally. But, per §102(b), copyright does not extend to ?any idea, procedure, process, system, method of operation, concept, principle or discovery? embodied in the work.
The four items defined in section 101 are ?literary works,? ?pictorial, graphic, and sculptural works,? ?motion pictures and audiovisual works?, and ?sound recordings?.
17 U.S. Code § 302 - Duration of copyright: Works created on or after January 1, 1978. Copyright in a work created on or after January 1, 1978, subsists from its creation and, except as provided by the following subsections, endures for a term consisting of the life of the author and 70 years after the author's death.
To be copyrightable, a work of authorship must be ?fixed in any tangible medium of expression, now known or later developed, from which it can be perceived, reproduced, or otherwise communicated, either directly or indirectly with the aid of a machine or device.? 17 U.S.C.
Copyright does not preclude others from using the ideas or information revealed by the author's work. It pertains to the literary, musical, graphic, or artistic form in which the author expressed intellectual concepts.
The three basic elements of copyright: originality, creativity, and fixation.
Industrial designs is not a subject matter of protection under the Copyright Act, 1957.
(a) The subject matter of copyright as specified by section 102 includes compilations and derivative works, but protection for a work employing preexisting material in which copyright subsists does not extend to any part of the work in which such material has been used unlawfully.
