Protected Works #
Copyright law protects “[O]riginal works of authorship fixed in any tangible medium of expression.” 17 U.S.C. § 102. The statute specifies two important components:
- It must be an original work. You can’t copy someone else’s work and claim rights as if it were your own.
- It must be fixed in a tangible medium of expression. This would include paper, wood, clay, photograph, videotape, audiotape, electronic media, etc.
The U.S. Supreme Court has also held that the work must have at least a “modicum of creativity” to qualify for protection. Feist Publication v. Rural Telephone Service Co., 499 U.S. 340, 111 S. Ct. 1282 (1991).
What Does That Include? #
ORIGINAL + FIXED + CREATIVE works include the following:
- literary works
- musical works, including any accompanying words
- dramatic works, including any accompanying music
- pantomimes and choreographic works
- pictorial, graphic, and sculptural works
- motion pictures and other audiovisual works
- sound recordings
- architectural works
- computer programs
What is Not Included? #
Copyright law does not protect the following:
- Ideas, concepts, principles
- Procedures, methods, systems, processes, discoveries
- Titles or names
- Short phrases, slogans
- Familiar symbols or designs
- Mere variations of typographic ornamentation, lettering, or coloring
- Mere listings of ingredients or contents
- Facts
- Most US Government works.
However, some of the above might be eligible for protection under trademark or patent law.
