Copyright Law – Exclusive Rights Enjoyed by a Federal Copyright Holder!
There are benefits to registering your creative works with the United States Copyright office. 17 U.S.C.. § 106 sets forth the rights a copyright holder enjoys which are some of the benefits of copyright protection. This blog discusses these legal rights in general.
§ 106. Exclusive rights in copyrighted works
5. Registration allows the copyright holder to record the registration with U.S. Customs and Border Protection Office to help protect against the illegal importation of infringing copies of the creative works into the United States. This means you get the government on your side.
These are all very good reasons to protect your creative works by paying the minimal fee to get registered. If you are serious about your music, songs, films, lyrics, poems, podcasts, blogs, videos and other creative content, call us to discuss. We can get you protected for CHEAP and we can help give you ideas to COMMERCIALIZE your works! Most law firms don’t know the first thing about how to capitalize and exploit your ideas for PROFIT. We do. Call (877) 276-5084.
Exclusive rights of a fedreal copyright holder
“Subject to sections 107 through 122, the owner of copyright under this title has the exclusive rights to do and to authorize any of the following:
(1) to reproduce the copyrighted work in copies or phonorecords;
(2) to prepare derivative works based upon the copyrighted work;
(3) to distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending;
(4) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works, to perform the copyrighted work publicly;
(5) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work, to display the copyrighted work publicly; and
(6) in the case of sound recordings, to perform the copyrighted work publicly by means of a digital audio transmission.
Can recipes be copyrighted?
This is not an easy question, but one case that addressed this legal issue was Hassett v. Hasselbeck, No. CV 14-14760-GAO, 2016 WL 1242530, at *5 (D. Mass. Mar. 29, 2016) which noted:
“Hassett next alleges that Hasselbeck copied her “recipes.” Although the sections that Hassett specified at the motion hearing do not contain recipes, Hasselbeck has noted that there are five recipes in the two texts that broadly overlap, including potato skins, chicken tenders, roast chicken, chicken broth, and meatballs. These dishes are not uncommon and the information Hassett conveys in them is purely functional. Hassett’s recipes comprise of lists of needed ingredients and directions for combining them; there is no expressive elaboration upon either. Without some “minimal level of creativity,” see CMM Cable Rep, 97 F.3d at 1519, Hassett’s cited recipes are not themselves copyrightable. See Publ’ns Int’l, Ltd. v. Meredith Corp., 88 F.3d 473, 480, 482 (7th Cir.1996) (finding recipes comprising only lists of required ingredients and directions for combining them as lacking “even a bare modicum of the creative expression—i.e., the originality—that is the ‘sine qua non of copyright”’ (quoting Feist, 499 U.S. at 345, 111 S.Ct. 1282)); Tomaydo–Tomahhdo, LLC v. Vozary, 629 Fed.Appx. 658, 661 (6th Cir.2015) (finding recipes excluded from copyright protection where ingredients were mere factual statements and instructions were only functional directions); Lambing v. Godiva Chocolatier, 142 F.3d 434, at *1 (6th Cir.1998) (unpublished table decision) (same); see also Lorenzana v. S. Am. Rests. Corp., 799 F.3d 31, 34 (1st Cir.2015) (finding that a “recipe—or any instructions—listing the combination of chicken, lettuce, tomato, cheese, and mayonnaise on a bun to create a sandwich is quite plainly not a copyrightable work”); cf. Nat’l Nonwovens, Inc. v. Consumer Prods. Enters., Inc., 397 F.Supp.2d 245, 256 (D.Mass.2005) (instructions for boiling wool felt were purely functional without any stylistic flourishes or other forms of creative expression and therefore unprotected). Viewing the recipes as a whole does not change the analysis. See Nat’l Nonwovens, 397 F.Supp.2d at 256. The recipes generally are “functional directions for achieving a result” see Lambing, 142 F.3d 434, at *1, and consequently not protected under copyright law.
Contact an IP law firm
- Sheet music
- Slogans (trademarks)
- Social media phrases that catch fire
- Cartoon characters
Any type of creative work can be protected. Call us at (877) 276-5084. We offer a free initial consultation. We can help you succeed!
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