Common(ly Misunderstood) Terms

Copyright: the exclusive legal right to reproduce, publish, sell, or distribute the matter and form of something (as a literary, musical, or artistic work)

Copyrightable Works:

Literary Works; Musical Works; Dramatic Works; Pantomimes & Choreographic Works; Pictorial, Graphic & Sculptural Works; Motion Pictures & AV Works; Sound Recordings; Architectural Works

But Not:
Ideas, Procedures, Processes, Systems or Concepts.


Parody walks a fine line between violating copyright by being derivative, and finding protection under Fair Use doctrine.

Fair Use: a legal doctrine that portions of copyrighted materials may be used without permission of the copyright owner, provided the use is fair and reasonable, does not substantially impair the value of the materials, and does not curtail the profits reasonably expected by the owner.

Trademark: a device (as a word) pointing distinctly to the origin or ownership of merchandise to which it is applied and legally reserved to the exclusive use of the owner as maker or seller.

Patent: an official document conferring a right or privilege; a writing securing for a term of years the exclusive right to make, use, or sell an invention.

Intellectual Property : property (as an idea, invention, or process) that derives from the work of the mind or intellect; also : an application, right, or registration relating to this.

Public Domain: the realm embracing property rights that belong to the community at large, are unprotected by copyright or patent, and are subject to appropriation by anyone. Works in the public domain include:

  • Materials that Were Never Copyrighted
  • Works with Expired Copyright
  • Works of the U.S. Government (like the Human Genome Project)

Tip! Looking for graphics & other media that are in the public domain? Try:


Creative Commons: A compromise between full copyright (no use without permission), and public domain (no permission required). Creative Commons' licenses let others copy and distribute work under specific conditions.

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