Are trade secrets protected by copyright law?

No, trade secrets are not protected by copyright law. Copyright law protects original works of authorship such as books, music, and sculptures, while trade secrets are commercial information that is kept confidential by businesses. In the state of California, trade secret law is governed by the California Uniform Trade Secrets Act (CUTSA). Trade secrets are confidential information that a business has a reasonable expectation to keep private in order to maintain a competitive advantage in the market. CUTSA defines trade secrets as information that derives independent economic value from not being publicly known and is the subject of reasonable efforts to maintain its secrecy. CUTSA also provides remedies for trade secret misappropriation, which is when a party unlawfully acquires and uses another person’s trade secrets for commercial gain. Under CUTSA, a person who misappropriates trade secrets may be held liable for damages, and a court may issue an injunction to prevent further misuse of the trade secrets. Copyright law and trade secret law are two distinct bodies of law, as copyright law protects original works of authorship while trade secret law protects private commercial information. While copyright law and trade secret law overlap in some regards, trade secrets are not protected by copyright law and must be protected under CUTSA in California.

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