Copyrights are expressive works.
Copyrights are creative works. Examples include novels, non-fiction books, poems, musical compositions (songs, including music and lyrics), and sound recordings (audio files such as MP3 and WAV). More examples of creative works eligible for copyright protection include paintings, drawings, billboards, murals, sculptures, furniture, clothing, fabrics, and architectural plans.
Not Every Creation is Entitled to a Copyright
Bumper stickers, for example, are too brief to merit copyright protection. Food recipes are just lists of ingredients and directions, so they’re not entitled to a copyright, either. But some tweet-length social media posts can be creative enough to merit copyright protection. Recently, the Copyright Office even made a category of copyright just for grouping “short form” online posts. See Group Registration
Lots of commercial creations may also be eligible for copyright protection. Stuffed animals, or “plushies,” can be registered for copyright as soft sculptures. Jewelry can be registered for copyrights as visual designs. Ad campaigns in tangible form can be entitled to copyrights.
Trademarks are brands that indicate the source of goods or services.
When a mark specifies goods, it’s a trademark. When it signifies services, it’s a servicemark.
Trademarks are often logos. When a trademark is an image or symbol, like for examples Nike’s “swoosh” or Apple’s apple with a bite taken out of it, those are called “stylized” marks. When a trademark is one or more words or phrases like “Nike” or “Just Do It,” those are called word marks.
While words and images are the typical marks, it’s also possible to register non-traditional marks like scents (e.g., Play-Doh’s toy putty), colors (e.g., Tiffany’s robin’s egg blue, Mattel’s Barbie pink), sounds (e.g., MGM’s lion’s roar, the Law & Order “Dun Dun” 2 musical notes”) and gestures (e.g., Usain Bolt’s lightning bolt pose). In all of these cases, the attribute cannot be functional, meaning the attribute like the scent can’t be the reason a consumer buys the product. That’s why no perfume could ever register its scent for a trademark –but Play-Doh could, because no one wants Play-Doh for its smell.
Creating a copyright or trademark and using them “in commerce,” meaning in public, gives a creator instant “common law” rights. While common law rights provide some protection, the best way to protect your copyrights and trademarks is through federal registration through the U.S. Copyright Office and through the United States Patent and Trademark Office.