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A copyright protects original works of authorship fixed in a tangible medium of expression. Included are writings, software, photographs, music, works of art and architecture. Copyright only protects the author's original expression, it does not protect the underlying idea. This means that someone else can independently create the same work and not violate another's copyright. For example, a photograph of a certain spot in the Grand Canyon would be protected by copyright. This means that the photograph could not be copied. However, another photographer could take a picture of the same spot in the Grand Canyon without violating the copyright of the first photograph.

The design of a useful article can be considered to be a copyrightable work if the design incorporates pictorial, graphic or sculptural features that can be identified separately from, and are capable of existing independently of, the utilitarian aspects of the article.

OBTAINING COPYRIGHT PROTECTION
An original work of authorship as defined above is automatically protected by copyright upon being fixed in a tangible medium of expression. For example, when a writer puts her original thoughts on paper, that fixed expression is protected by copyright. As previously discussed, copyright only protects the author's original expression, it does not protect the underlying idea. Registration with the Copyright Office is not required to have a valid copyright, but registration creates certain additional rights and remedies. Copyright registration creates a presumption of the validity of the copyright. It also provides for statutory damages and may increase a copyright owner's legal remedies against infringers.

COPYRIGHT NOTICE
Copyright notice and marking (©) is no longer required, but like registration, it is recommended. The term of copyright for works created after 1978 is life of the author plus 50 years. If the work is created by an employee for an employer, called a work for hire, the term is 100 years from creation or 75 years from publication.