Can trade secrets be protected through copyright law?

No, trade secrets cannot be protected through copyright law. Generally speaking, trade secrets are a type of intellectual property that are not eligible for copyright protection. The purpose of copyright law is to protect original works of authorship, including literary, dramatic, musical, and artistic works, and trade secrets are not included in the categories of works that receive copyright protection. In Washington, the Uniform Trade Secrets Act (UTSA) is the primary source of protection for trade secrets. This act defines a trade secret as “information, including a formula, pattern, compilation, program device, product, or process, that: (i) Derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; (ii) Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.” This definition is much broader than that of copyright law and can provide protection for a variety of forms of intellectual property. Under UTSA, trade secrets can be maintained through both legal and non-legal measures. Businesses can keep information confidential through employment agreements, nondisclosure agreements, security measures, and other procedures. If trade secrets are misappropriated, businesses may also seek civil remedies, including injunctions and monetary damages, as set forth in UTSA.

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