Copyright provides protection for a very long time for artistic works fixed in a tangible medium of expression. This raises three questions: 1) what are artistic works 2) what is a tangible medium of expression and 3) what is a very long time. This article will answer those questions.
The Copyright Act of 1976 enumerates eight kinds of artistic works: (1) literary works; (2) musical works, including any accompanying words; (3) dramatic works, including any accompanying music; (4) pantomimes and choreographic works; (5) pictorial, graphic, and sculptural works; (6) motion pictures and other audiovisual works; (7) sound recordings; and (8) architectural works.
A literary work is expressed in words, numbers, or other verbal or numerical symbols or indicia, regardless of the nature of the material objects. This is commonly embodied in a book, periodical or manuscript, but it can also be words fixed in computer memory (like these), tapes or discs.
Musical works include both original compositions and original arrangements or other new versions of earlier compositions to which new copyrightable authorship has been added. This can be manifested in either a score or an audio recording. A live musical performance is not subject to copyright registration, but it receives another kind of protection.
A dramatic work, like a play or a radio or a television script is intended to be performed. Dramatic works usually include spoken text, plot, and directions for action. Similarly to a musical work this can either be fixed in writing, an audio recording or a video recording.
Choreography is the composition and arrangement of dance movements and patterns usually intended to be accompanied by music. As distinct from choreography, pantomime is the art of imitating or acting out situations, characters, or other events. Neither must be performed to be copyrighted, however, they must be fixed in writing or a video recording.
Pictorial, graphical and sculptural works covers a diverse group of stuff. Photographs must be “published” in order to be fixed in a tangible medium of expression. Merely posting a photo online may not be publication. Similarly, merely having film developed and displayed may not be publication. However, if photographs are distributed for sale then they are published. Drawings, paintings and sculptures have similar rules.
Motion pictures are audiovisual works consisting of a series of related images that, when shown in succession, impart an impression of motion, together with any accompanying sounds. A live telecast is not a motion picture (because it is not yet fixed). A screenplay is not a motion picture (but it could be a literary work).
Sound recordings are defined in the law as “works that result from the fixation of a series of musical, spoken, or other sounds, but not including the sounds accompanying a motion picture or other audiovisual work.” Common examples include recordings of music, drama, or lectures. There are two people who have an interest in the sound recording, the person making the sound and the person recording (in some cases those may be the same person). The work is fixed when the sound recording is stored in some permanent way (whether that is a data disk, cassette tape or computer memory).
An architectural work is an original design of a building created in any tangible medium of expression, including a constructed building or architectural plans, models, or drawings. Like photographs, a building must be “published” to obtain protection. This can occur by, for example, building two identical structures or offering to sell the building plans.