Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images.
Intellectual property law exists in order to protect the interests of authors and creators as well as the interests of the wider public. The big four intellectual properties are: copyright, trademark, patents, and trade secrets. But also include areas such as the right of publicity, database protections, and in some countries rights for indigenous cultural creations.
Thus, intellectual property is an umbrella term encompassing both copyright, commercial and industrial property, such as trademarks, patents, and inventions.
("Copyright, Patent, or Trademark?" by BusinessSarah, CC-BY.)
The U.S. Copyright Office has several different places where you can find definitions of commonly used words and phrases. The most complete list can be found in the Glossary to the Compendium of U.S. Copyright Office Practices, Third Edition. effective as of January 28, 2021 The Copyright Office also maintains an definitions FAQ. The terms below have been copied from those two resources.
A form of protection provided by the laws of the United States for "original works of authorship", including literary, dramatic, musical, architectural, cartographic, choreographic, pantomimic, pictorial, graphic, sculptural, and audiovisual creations. "Copyright" literally means the right to copy but has come to mean that body of exclusive rights granted by law to copyright owners for protection of their work. Copyright protection does not extend to any idea, procedure, process, system, title, principle, or discovery. Similarly, names, titles, short phrases, slogans, familiar symbols, mere variations of typographic ornamentation, lettering, coloring, and listings of contents or ingredients are not subject to copyright.
The material object, other than a phonorecord, in which the copyrighted work is first fixed, and from which the work can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device.
A material object in which sounds are fixed and from which the sounds can be perceived, reproduced, or otherwise communicated either directly or with the aid of a machine or device. A phonorecord may include a cassette tape, an LP vinyl disc, a compact disc, or other means of fixing sounds. A phonorecord does not include those sounds accompanying a motion picture or other audiovisual work.
Under the copyright law, the creator of the original expression in a work is its author. The author is also the owner of copyright unless there is a written agreement by which the author assigns the copyright to another person or entity, such as a publisher. In cases of works made for hire, the employer or commissioning party is considered to be the author. See Circular 30, Works Made for Hire.
A deposit is usually one copy (if unpublished) or two copies (if published) of the work to be registered for copyright. In certain cases such as works of the visual arts, identifying material such as a photograph may be used instead. See Circular 40a, Deposit Requirements for Registration of Claims to Copyright in Visual Arts Material. The deposit is sent with the application and fee and becomes the property of the Library of Congress.
Publication has a technical meaning in copyright law. According to the statute, “Publication is the distribution of copies or phonorecords of a work to the public by sale or other transfer of ownership, or by rental, lease, or lending. The offering to distribute copies or phonorecords to a group of persons for purposes of further distribution, public performance, or public display constitutes publication. A public performance or display of a work does not of itself constitute publication.” Generally, publication occurs on the date on which copies of the work are first made available to the public. For further information see Circular 1, Copyright Basics, section “Publication”.
A work of authorship that is not protected by copyright is in the public domain. In the United States, a copyrighted work enters the public domain when its full copyright term has expired. In addition, works published in the United States without a copyright notice on or before March 1, 1989 may be in the public domain, and works registered or published in the United States on or before December 31, 1963 may be in the public domain if the copyright was not renewed in a timely manner. The status of a creative work which, through expiration of term or failure to comply with statutory formalities, is not protected by copyright.
Although the general rule is that the person who creates the work is its author, there is an exception to that principle. The exception is a work made for hire, which is a work prepared by an employee within the scope of his or her employment or a work specially ordered or commissioned in certain specified circumstances. When a work qualifies as a work made for hire, the employer, or commissioning party, is considered to be the author. See Circular 30, Works Made for Hire .
