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.
Related FAQs
How do you protect trade secrets from employee theft?How do you protect trade secrets from foreign competitors?
What are the disadvantages of relying on trade secrets for protection?
Are trade secrets protected by contract law?
What are the requirements for a trade secret claim?
What steps can I take to protect my trade secrets?
How much evidence is needed to win a trade secret misappropriation claim?
What are the advantages of trade secret law?
Are trade secret misappropriation claims viable in the United States?
Does the use of a non-disclosure agreement protect trade secrets?
Related Blog Posts
What is Trade Secrets Law and Why Should Businesses be Familiar with It? - July 31, 20235 Misconceptions About Trade Secrets Law and How to Dispel Them - August 7, 2023
A Trade Secret Lawyer's Top Tips to Protect Your Business's Valuable Information - August 14, 2023
What Legal Steps Can Businesses Take To Protect Their Trade Secrets? - August 21, 2023
All You Need To Know About Trade Secrets Law and Achieving Competitive Advantage - August 28, 2023