Can trade secrets be protected through copyright law?

No, trade secrets cannot be protected through copyright law. Copyright law in California and other U.S. states protects rights in creative expression, such as books, music, videos and other media. Copyright does not protect secrets that are used to give a business an advantage, such as a recipe or a list of clients. Trade secrets, on the other hand, are protected by state law, such as California’s Uniform Trade Secrets Act. This law provides a civil remedy for the misappropriation of trade secrets, including damages, attorney’s fees and other remedies. To protect a trade secret under this law, the owner must show that it is a “secret” that provides a business advantage, has been used to protect the secret, and that reasonable efforts have been made to maintain secrecy. A trade secret is defined as something that is not generally known or readily ascertainable and has economic value that comes from the fact it is secret. Trade secret law is designed to protect businesses from misappropriation of valuable information by others, such as former employees.

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