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Copyright protects "original works of authorship fixed in any tangible medium of expression." This means the work must:

• Be Original: It must be independently created by a human author and possess at least a minimal degree of creativity. It doesn't need to be novel or groundbreaking, just not copied from somewhere else.

• Be a "Work of Authorship": The law specifies categories of protectable works:

  • Literary works (books, poems, articles, computer programs)

  • Musical works (songs, instrumental pieces, accompanying lyrics)

  • Dramatic works (plays, screenplays, accompanying music)

  • Pantomimes and choreographic works

  • Pictorial, graphic, and sculptural works (photos, paintings, drawings, sculptures, maps)

  • Motion pictures and other audiovisual works

  • Sound recordings

  • Architectural works (building designs)

• Be "Fixed in a Tangible Medium of Expression": The work must be in a sufficiently permanent form that it can be perceived, reproduced, or communicated for more than a short time. This means it's written down, recorded, saved...

A trademark is any word, name, symbol, design, or any combination thereof, used by a person or company to identify and distinguish their goods from those of others and to indicate the source of the goods.

• Service Mark: The same concept applies to services, where it's called a "service mark."

• Trade Dress: This refers to the overall look and feel of a product or its packaging, if it serves to identify the source (e.g., the distinctive shape of a Coca-Cola bottle, the interior design of a restaurant).

• Other Protectable Marks: Even sounds (e.g., NBC chimes), scents, and colors (e.g., Owens-Corning pink insulation) can function as trademarks if they serve to identify the source of goods or services.

2. Key Purpose of Trademark Law

• Prevent Consumer Confusion: The core purpose is to prevent consumers from being confused about the source or origin of goods and services. If two companies use confusingly similar marks for similar products, consumers might mistakenly buy from the wrong company.

• Protect Brand Goodwill: Trademarks protect the reputation and goodwill that a business builds around its brand.

• Encourage Quality: By allowing consumers to reliably identify producers, trademark law incentivizes businesses to maintain quality, as their brand reputation is tied to their mark.