Legal Definitions - copyright

Copyright is a legal protection granted to creators of original works, giving them exclusive rights over how their work is used and distributed. This protection applies to creative expressions that are "fixed" in a tangible form, meaning they exist in a way that can be seen, heard, or read, either directly or with the help of a device. It does not protect general ideas, procedures, or facts themselves, but rather the specific way an idea or information is expressed.

The owner of a copyright typically has the exclusive right to:

• Reproduce the work (make copies).
• Distribute copies of the work to the public (sell, rent, or lend them).
• Create derivative works based on the original (e.g., adapting a novel into a screenplay).
• Perform the work publicly (for musical, dramatic, or choreographic works).
• Display the work publicly (for pictorial, graphic, or sculptural works).
• License others to do any of the above, often for a fee.

However, these exclusive rights are not absolute. For instance, the doctrine of "fair use" allows limited use of copyrighted material without permission for purposes such as criticism, comment, news reporting, teaching, scholarship, or research.

Here are some examples illustrating how copyright applies:

• Example 1: A Unique Culinary Blog

  Imagine a food blogger who develops a series of original recipes, writes detailed instructions, and takes stunning, unique photographs of each dish for their website. The specific wording of their recipe instructions, the creative descriptions of the cooking process, and their original food photography are all protected by copyright. If a commercial cookbook publisher or another food website copies these recipes word-for-word, uses the blogger's exact photographs, or directly translates their unique descriptive text without permission, they would likely be infringing on the blogger's copyright. The publisher could, however, create their own version of a similar dish, write their own instructions, and take their own photos, as the *idea* of a particular dish or ingredient combination is not copyrightable, only its specific expression.

• Example 2: An Independent Video Game

  A small team of developers creates an innovative video game with a unique storyline, original character designs, custom-written dialogue, and a specially composed soundtrack. The game's source code, its visual assets (like character models and environmental textures), the script for its narrative, and the musical score are all original works fixed in a tangible medium (digital files). The developers hold the copyright to these elements. If a larger gaming company were to copy the game's code, use the exact character models, or incorporate the original soundtrack into their own game without obtaining a license, they would be violating the independent team's copyright. However, the larger company could develop a game with a similar *genre* or *gameplay mechanic*, as the general concept of a game type is not copyrightable.

• Example 3: A Podcast Series

  A podcaster produces a series of episodes featuring original interviews, unique narrative segments, and a distinctive opening and closing theme song. The recorded audio of the interviews, the specific script used for the narrative portions, and the musical composition of the theme song are all original works fixed in a tangible medium (audio files). The podcaster holds the copyright to these elements. If another media outlet downloads the podcast episodes and re-uploads them to their own platform, or uses the unique theme song as their own, without permission, they would be infringing on the podcaster's exclusive rights to reproduce and distribute their work. However, another podcaster could discuss the *topics* covered in the original podcast or interview the same *guests*, as long as they create their own original content and do not copy the specific expression of the copyrighted work.