We are all familiar with the terms 'copyright infringement' and 'intellectual property'1, but how many of us actually know what these terms mean in the business world? Too often, freelancers2, contractual employees and even executives run into a quandary3 when it comes to the practical applications of copyright and intell ectual property. What exactly are the materials protected by copyright and do we relinquish our rights automatically when providing content as a freelancer?

Q: What is copyright?
A: Copyright is a bundle of exclusive rights4 that provide authors of original literary, musical, dramatic and artistic works with sole right to authorize (or prohibit) the following uses of their copyrighted works:
　　To reproduce5 all or part of the work
　　To make new or derivative versions
　　To distribute copies by selling, renting, leasing or lending them
　　To perform (e.g. recite, dance, or act) the work publicly
　　To display the work publicly, directly or by means of film, TV, slides, or other device or process

Q: What does copyright protect?
A: Copyright protects only the original expression found in an author's work. Expression refers to the way in which an author describes, expresses or illustratessomething. Copyright does not protect ideas, concepts, procedures6, principles, or discoveries revealed in an author's work. However, under certain circumstances, the way in which those noncopyrightable elements are selected and arranged may be entitled to protection as a collective work.

Q: What types of works are protected by copyright?
A: Both published and unpublished works are entitled to copyright protection. Copyright easily adapts to new technologies and media, therefore, the fact that something has been distributed anonymously over the Internet does not deny it copyright protection. Among the categories of copyrightable works are:
　　Literary works, including books, newspapers, well-developed literary characters, diaries, manuscripts, poetry, catalogs, brochures, ads, directories, encyclopedias, electronic databases7, and computer programs
　　Musical works, including accompanying words (e.g. songs, advertising jingles)
　　Dramatic works, including accompanying words (e.g. plays, operas, monologues)
　　Pantomime and choreographic works8 (e.g. mime, ballet, jazz and modern dance)
　　Pictorial, graphic9, and sculptural works (e.g. photographs, prints, art reproductions, maps, charts, cartoon characters, diagrams, drawings, statues, dolls)
　　Motion pictures and other audiovisual works10 (e.g. movies, TV programs, interactive multimedia works)
　　Architectural works (e.g. actual building structures, plans, drawings)
　　Compilations and derivative works11 (new versions or adaptations)

Q: Someone stole my idea and used it. Can I sue for copyright infringement?
A: Unfortunately, an idea cannot be copyrighted. Copyright protects only the way an author expresses an idea, not the idea itself. Ideas, facts, names, titles, slogans12 are but the few things that is not copyright protected. But in some instances, 'soft' ideas, such as estimates that involve research and creative interpretation of data receive more protection under copyright law than do mechanical13 averages. For example, CNN may not own the news it reports, but the manner that it is reported can be copyright protected.

Q: I'm a freelance writer. Do I own the copyright to my work?
A: It depends on whether you have signed a written agreement stating: that your work is specially ordered or commissioned (paid to create something) that both parties have agreed that the work will be considered as work made for hire.
　　 Normally, when you enter a company or a contractual agreement, there would be a clause stating that the copyright to your work belongs to the company. If the work in question was created within the scope of employment, it is automatically considered as a work for hire and is owned by the employer.

Q: Someone used my work without my permission. What can I do?
A: You can choose to lodge a complaint or sue for copyright infringement. The owner of copyright may claim damages in the form of financial compensation. He may also obtain an injunction14 to restrain the infringing acts. Apart from the civilremedies available, copyright infringement is also a criminal offence. The penal
ties that can be imposed on a guilty infringer include fines and even imprisonment.

1. “侵犯版权”和“知识产权”。

2. freelancer: 自由职业者（尤指自由撰稿人）。

3. quandary: 困惑不定的境地，无所适从的窘境。

4. exclusive rights: 专有权。

5. reproduce: 复制。

6. procedure: 传统做法，传统工艺。

7. electronic database: 电子数据库。

8.哑剧和舞蹈艺术作品。choreographic: 舞蹈艺术的。

9. graphic: 平面造型艺术（如版画等）。

10. audiovisual works: 音像作品。

11. 汇编物和衍生作品。derivative: 派生的，衍生的。

12. slogan: 标语，口号。

13. mechanical: 机械性的，缺乏独创性的。

14. injunction: 禁制令。