Original work of authorship is a term used in copyright law to describe an original work, such as artwork, music, software, or literary works, that possess originality, a certain level of creative expression, and the authorship of an individual or collective.
In the United States, the Copyright Act of 1976 defines original work of authorship as “works of authorship fixed in any tangible medium of expression . . . from which the work can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device.” This definition applies to the development of paintings, sculptures, software, literature, architectural designs and a wide range of other creative works.
Original work of authorship can be registered with the U.S. Copyright Office in order to receive greater legal protection. This is done in order to prevent another person from using your work without your permission or properly compensating you for its use. Owners of original works of authorship own the exclusive rights to perform, alter, or reproduce their work, unless it falls under the ‘fair use’ standard of U.S. copyright law.
For business professionals, understanding original works of authorship is crucial to avoiding copyright infringement. Infringement occurs when someone profits from another’s copyrighted material without permission and without compensating the copyright owner. If an individual or organization is found to be guilty of copyright infringement, the consequences can be severe — including civil lawsuits and criminal charges.
Bottom Line
Original work of authorship is an important concept in copyright law, and is a cornerstone of a healthy intellectual property portfolio. Business professionals must understand the proper ways to use works created by others while respecting the copyright protections afforded to original works of authorship.