Literary property
Encyclopedia
Literary property is a term used in publishing
to refer to works generally covered by copyright
but also an associated set of property rights that go far beyond what courts have historically permitted to be claimed as copyright infringement
.
The Writers Guild of America
, for instance, uses this term exclusively to refer to works registered with its WGA script registration service
, so as not to restrict the claims it or its users can make regarding their rights.
or trademark
law, the term is much narrower in scope than the hotly contested term "intellectual property
" sometimes used to refer to all non-physical works in which property rights are recognized.
is a critical part of the work itself - works tend to become markedly less valued or more valued based upon who originated or created it, which is simply not the case for invention
s or brand names. Also, most countries recognize moral rights that are not alienable from the work, that is, a purchaser of rights in the work does not have the right to relabel it as if someone else had written it. While the USA does not recognize moral rights, it does have complex de facto standards such as the WGA screenwriting credit system
which are actually more demanding and rigorous in specific industries.
Publishing
Publishing is the process of production and dissemination of literature or information—the activity of making information available to the general public...
to refer to works generally covered by copyright
Copyright
Copyright is a legal concept, enacted by most governments, giving the creator of an original work exclusive rights to it, usually for a limited time...
but also an associated set of property rights that go far beyond what courts have historically permitted to be claimed as copyright infringement
Copyright infringement
Copyright infringement is the unauthorized or prohibited use of works under copyright, infringing the copyright holder's exclusive rights, such as the right to reproduce or perform the copyrighted work, or to make derivative works.- "Piracy" :...
.
The Writers Guild of America
Writers Guild of America
The Writers Guild of America is a generic term referring to the joint efforts of two different US labor unions:* The Writers Guild of America, East , representing TV and film writers East of the Mississippi....
, for instance, uses this term exclusively to refer to works registered with its WGA script registration service
WGA script registration service
The WGA script registration service is a service run by both the Writers Guild of America, East and the Writers Guild of America, West to establish the date of creation of literary property, typically a motion picture screenplay, useful in the often-contentious US entertainment field.The service...
, so as not to restrict the claims it or its users can make regarding their rights.
Narrower than "intellectual property"
Since it applies only to literary works and not technological or social constructs such as are covered by patentPatent
A patent is a form of intellectual property. It consists of a set of exclusive rights granted by a sovereign state to an inventor or their assignee for a limited period of time in exchange for the public disclosure of an invention....
or trademark
Trademark
A trademark, trade mark, or trade-mark is a distinctive sign or indicator used by an individual, business organization, or other legal entity to identify that the products or services to consumers with which the trademark appears originate from a unique source, and to distinguish its products or...
law, the term is much narrower in scope than the hotly contested term "intellectual property
Intellectual property
Intellectual property is a term referring to a number of distinct types of creations of the mind for which a set of exclusive rights are recognized—and the corresponding fields of law...
" sometimes used to refer to all non-physical works in which property rights are recognized.
Differences between literary property and other non-physical property
Among other differences, in literary works a very specific concept of attributionAttribution
Attribution may refer to:Something, such as a quality or characteristic, that is related to a particular possessor; an attribute.*Attribution , concept in copyright law requiring an author to be credited...
is a critical part of the work itself - works tend to become markedly less valued or more valued based upon who originated or created it, which is simply not the case for invention
Invention
An invention is a novel composition, device, or process. An invention may be derived from a pre-existing model or idea, or it could be independently conceived, in which case it may be a radical breakthrough. In addition, there is cultural invention, which is an innovative set of useful social...
s or brand names. Also, most countries recognize moral rights that are not alienable from the work, that is, a purchaser of rights in the work does not have the right to relabel it as if someone else had written it. While the USA does not recognize moral rights, it does have complex de facto standards such as the WGA screenwriting credit system
WGA screenwriting credit system
In the United States, screenwriting credit for motion pictures and television programs under its jurisdiction is determined by either the Writers Guild of America, East or the Writers Guild of America, West . Since 1941, the Guilds have been the final arbiter of who receives credit for writing a...
which are actually more demanding and rigorous in specific industries.