
After last week’s introduction, I’m going to use this column to go through the the three main requirements of copyright protection in a little more detail. For those of you looking ahead, the next few columns will have nothing to do with copyright at all.
Requirement number one is that the work must be an item that can be copyrightable. Though there are many different types of works, not everything can receive copyright protection. Copyright will only be available to original works of authorship. The US Code provides several examples of items that can be protected, such as
- Literary Works (books, articles, class notes, emails)
- Pictorial, Graphic & Sculptural works (Photographs, music videos, movies)
- Musical works & sound recordings (full albums, individual songs)
Also, while facts are not copyrightable, compilations of facts generally are, but only to the extent that the author has infused it with his creativity. Where his creativity ends, so, too, does the copyright.
While this list is broad, many items are not protected, such as procedures, processes, systems, ideas, words or short phrases, and US government works. Protection might be available under trademark or patent law for these, but not under copyright.
Requirement number two is that each item must be independently created. If two people author the same work and have arrived at that work independently, both will be afforded copyright protection for their work. Granted, this doesn’t happen that often.
The independent creation requirement leaves out several concepts that you might consider important to receiving copyright protection, such as:
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