Paralegal Certification PrepContracts and Business LawEasy
A musician records a song and uploads it to a public streaming platform. Several months later, a commercial entity uses a distinct 10-second portion of the song as background music in a nationally broadcast advertisement without the musician's permission. The musician wants to pursue legal action. Which intellectual property right has most likely been infringed?
- ACopyright
- BPatent
- CTrademark
- DTrade Secret
Show answer & explanationAnswer & explanation
Correct answer: A. Copyright
Copyright protects original works of authorship fixed in a tangible medium of expression, such as musical compositions and sound recordings. Using a portion of a song in an advertisement without permission would typically constitute copyright infringement.
Why the other options are wrong
- B. Patent protects inventions and discoveries, not creative artistic expressions.
- C. Trademark protects brand names, logos, and slogans, not original musical works.
- D. Trade secret protects confidential business information that provides a competitive edge, not publicly released songs.
Copyright
A legal right granted to the creator of an original work of authorship, such as literary, dramatic, musical, and certain other intellectual works, providing exclusive rights to reproduce, distribute, perform, display, and adapt the work.
- Protects original works fixed in a tangible medium.
- Automatic upon creation, but registration offers more legal benefits.
- Does not protect ideas, only the expression of ideas.
- Lasts for the life of the author plus 70 years (for individual works).
Memory trick: CREATE protects creations, not just brands or secrets.