Legal Question in Intellectual Property in New York

In the U.S., any work of authorship is automatically protected by copyright as soon as the author saves it fixed form in a tangible medium of expression. Additional benefits attach when the copyright is registered with the U.S. Copyright Office in Washington, D.C.

Copyright can attach to a visual work in two or three dimensions or to an auditory work, or to an audiovisual work. Copyright protects the EXPRESSION of the author, not the IDEA of the work.

If by "copyright an artform" you ask if the IDEA of a particular kind of work of art can be protected by copyright, the answer is NO. If by "copyright an artform" you ask if the particular emembodiment can be protected, then YES, if it is in any of the categories mentioned above.

There are other kinds of intellectual property that might be pertinent, such as a regular patent or design patent (or industrial design registration in certain jurisdictions such as Europe).

It would be appropriate to engage an attorney practicing in the field of intellectual property to advise you.

As a Franchise Attorney I agree with the other attorney answer. The key is how are you defining art form? For example, if you made a painting of Jesus on the cross, the idea of Jesus being crucified on a cross is not protected by copyright. But your specific painting, the expression of this idea, can be protected. Consult with a good intellectual property or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation