Are trade secrets protected by copyright law?

No, trade secrets are not protected by copyright law. Trade secrets are a subset of intellectual property and are regulated differently than copyrighted works. Trade secrets, such as recipes and formulas, are not protected by copyright law. Copyright law protects the expression of an idea, and does not protect the idea itself. In Washington, trade secrets are protected by the Washington Trade Secrets Act, which is based on the Uniform Trade Secret Act adopted by many other states. The Washington Trade Secrets Act prohibits the unauthorized use or disclosure of any information which provides the owner with a competitive advantage and is not generally known or readily ascertainable by the public. Common examples of trade secret information include customer lists, business methods, and product formulas. Under the Washington Trade Secrets Act, an owner of a trade secret can bring a claim against someone who discloses the trade secret without authorization. In order to prove a violation of the Act, the owner of the trade secret must show that the secret had actual or potential economic value and that reasonable measures were taken to keep it secret. A successful plaintiff may then be able to recover damages, including damages for lost profits, costs of litigation and even punitive damages. It is important to note that while trade secrets are not protected by copyright law, copyrighted works may contain trade secret information. In Washington, the Copyright Act extends protection to most types of expression, not just the idea. The Copyright Act requires registration with the U.S. Copyright Office for a copyright to be valid, which does not apply to trade secrets. Therefore, if a work contains trade secret information, different laws will apply to the protection of the trade secret information and to the expression of the work itself.

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