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What
Can Be Copyrighted?
What Can Be Copyrighted?
- Copyright protection is available for "original works
of authorship" that have been "fixed in a tangible
medium of expression." From this general statement,
some basic requirements have been distilled which all material
must meet in order to receive protection under the copyright
laws:
1. Originality - There must be some
element of originality, even if only to a minimal degree.
It must possess some minimal degree of creativity and have
a distinguishable variation which is not merely trivial.
However, the copyright laws do not impose a real standard
and the originality requirement is a minimal one. Likewise,
the copyright laws do not require any type of judgment as
to what is creative as long as some minimal creativity is
present.
2. Authorship - Generally, a work
must be the creative act, however minimal, of a human being.
Works that are created by a machine are not copyrightable
unless they are generate by the machine as a result of human
input. Works that are randomly generate by a machine are
not copyrightable. It may seem obvious, but items that are
the products of plants or created by animals are not protected
by copyright laws.
3. Classes of Copyrightable works include:
Literary works
Musical works
Dramatic works
Pantomimes and choreography
Pictorial, graphics and sculptural works
Motion pictures and audiovisual works
Sound recordings
Compilations
Collective works
Derivative works
Supplementary works
4. Things That Are Specified As Not
Being Copyrightable include: