Although graphical or literary elements that might be found on a form such as a photograph or a detailed explanation of a term would be subject to copyright protection, there is no copyright in the blank form itself.
The blank form is considered to be a type of idea, a conclusion which stems from an old Supreme Court decision. Copyright protection is generally not available to articles which have a utilitarian function. Examples of these types of "useful articles" would include lamps, bathroom sinks, clothing, and computer monitors. Under the Copyright Act, the only copyright protection available to these items is for "features that can be identified separately from, and are capable of existing independently of, the utilitarian aspects of the article.
Some distinctions are clear. For instance, a painting on the side of a truck is protectable under copyright law even though the truck is a useful article. The painting is clearly separable from the utilitarian aspects of the truck. The overall shape of the truck, on the other hand, would not be copyrightable since the shape is an essential part of the truck's utility.
Another commonly considered example is that of clothing. The print found on the fabric of a skirt or jacket is copyrightable, since it exists separately from the utilitarian nature of the clothing.
However, there is no copyright in the cut of the cloth, or the design of the skirt or jacket as a whole, since these articles are utilitarian. This is true even of fanciful costumes; no copyright protection is granted to the costume as a whole. One of the primary purposes for prohibiting copyright protection in useful articles is to prevent the granting of patent-like protection through the copyright laws. If a useful article was protected under the copyright law, the protection against copying would be quite similar to patent protection.
Since copyrights are so much easier to obtain than patents, there would be no way of limiting this patent-like monopoly to inventions that are truly novel and non-obvious.
Another interesting copyright concern is the extent of copyright protection in pictoral or sculptural works that portray a useful article. Take, for example, a painting of a futuristic looking automobile. Copyright protection would prevent the outright copying of the painting. In addition, copyright law would prevent the creation of a three-dimensional model of the automobile found in the painting. Copyright in most types of works, when used in Canada, lasts for the life of the creator plus 50 years.
After that time, copyright expires and the work enters the public domain; works no longer under copyright can be freely used in any way by anyone, without permission. Note : The information obtained from or through this website is provided as guidelines for using works for educational purposes and is not intended to constitute legal advice. Contact copy sfu. The Copyright Officer is not a lawyer or legal expert in copyright law and is able to provide a professional and not a legal opinion.
A professional opinion is offered for information purposes only and should not be relied upon as legal advice. For more information regarding the length of a copyright, please see the copyright duration chart.
Author James Michener died in His works such as Alaska, Texas, and The Eagle and the Raven , which were all created after , are protected under the copyright law until The public domain consists of all works that never had copyright protection and works that no longer have copyright protection.
The public domain also includes most works created by the United States government. All works in the public domain are free for the public to use. Works published in the United States prior to are in the public domain. Census reports, which are compiled and published by the United States government are in the public domain. The mission of the University Copyright Office is to educate the Purdue University community on copyright.. The information contained on the UCO site should not be considered legal advice.
Individuals should consult their own attorneys. Copyright Basics. Other Resources. Copyright Overview What is copyright? Copyright is a federal law.
It is Title 17 of the United States Code.
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