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Literary property is a term used in
publishing Publishing is the activity of making information, literature, music, software and other content available to the public for sale or for free. Traditionally, the term refers to the creation and distribution of printed works, such as books, newsp ...
to refer to works generally covered by
copyright A copyright is a type of intellectual property that gives its owner the exclusive right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, educatio ...
but also an associated set of
property rights The right to property, or the right to own property (cf. ownership) is often classified as a human right for natural persons regarding their possessions. A general recognition of a right to private property is found more rarely and is typically h ...
that go far beyond what courts have historically permitted to be claimed as
copyright infringement Copyright infringement (at times referred to as piracy) is the use of works protected by copyright without permission for a usage where such permission is required, thereby infringing certain exclusive rights granted to the copyright holder, ...
. The
Writers Guild of America The Writers Guild of America is the joint efforts of two different US labor unions representing TV and film writers: * The Writers Guild of America, East (WGAE), headquartered in New York City and affiliated with the AFL–CIO * The Writers Gu ...
, 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.


Narrower than "intellectual property"

Since it applies only to literary works and not technological or social constructs such as are covered by
patent A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an enabling disclosure of the invention."A ...
or
trademark A trademark (also written trade mark or trade-mark) is a type of intellectual property consisting of a recognizable sign, design, or expression that identifies products or services from a particular source and distinguishes them from ot ...
law, the term is much narrower in scope than the hotly contested term "
intellectual property Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The best-known types are patents, co ...
" 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 attribution 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 An invention is a unique or novel device, method, composition, idea or process. An invention may be an improvement upon a machine, product, or process for increasing efficiency or lowering cost. It may also be an entirely new concept. If an ...
s or
brand name A brand is a name, term, design, symbol or any other feature that distinguishes one seller's good or service from those of other sellers. Brands are used in business, marketing, and advertising for recognition and, importantly, to create an ...
s. Also, most countries recognize
moral rights Moral rights are rights of creators of copyrighted works generally recognized in civil law jurisdictions and, to a lesser extent, in some common law jurisdictions. The moral rights include the right of attribution, the right to have a work ...
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 The Writers Guild of America (WGA) credit system for motion pictures and television programs covers all works under the jurisdiction of the Writers Guild of America, East (WGAE) and the Writers Guild of America, West (WGAW). The WGA, originally ...
which are actually more demanding and rigorous in specific industries. Copyright law Intellectual property law {{Law-stub