Copyright protects original works fixed in a tangible form. It does not cover ideas, facts, procedures, or methods, but it does cover the expression of those ideas when they are written, drawn, recorded, or otherwise fixed. This article outlines common categories and concrete examples to help readers understand what qualifies as a copyrightable work under U.S. law and how these works can be protected and used.
What Makes A Work Copyrightable
To be copyrightable, a work must be original and fixed in a tangible medium of expression. Originality means the work reflects at least a minimal degree of creativity. Fixation means the work is recorded or embodied in a stable form from which it can be perceived, reproduced, or communicated. Copyright does not protect ideas, procedures, or methods themselves, but the unique way those ideas are expressed—such as a particular story, painting, or code—can be protected.
Literary Works
Literary works include a wide range of written content created by authors. Examples:
- Books, novels, and short stories
- Poems, lyrics, and essays
- Articles, blog posts, and reports
- Scripts and screenplays
- Software documentation and manuals
Even if published informally, a fixed written work is subject to copyright. The expression—word choice, structure, and unique phrasing—constitutes the protectable element, not the underlying ideas or facts.
Musical Works
Musical works include compositions and performances. Examples:
- Musical compositions (melody and harmony)
- Song lyrics and choruses
- Sound recordings of performances
- Arrangements and new orchestrations of existing music
Copyright covers the musical composition (the musical notes) and, separately, the sound recording of a performance. Different rights may apply to each element, with separate licenses often needed for use of both.
Dramatic and Choreographic Works
Dramatic works include plays and script-based performances, while choreographic works cover dances and movement sequences fixed in a tangible form. Examples:
- Full-length plays and screenplays
- Choreographed dance routines recorded in video or notation
- Stage directions and performance instructions fixed in writing or video
Rights protect the specific expressions—dialogue, stage directions, movement sequences—not the underlying themes or ideas alone.
Audiovisual and Visual Arts
Copyright protects works that combine images with sound or stand as visual art. Examples:
- Movies, television programs, and online videos
- Photographs, digital images, and paintings
- Sculptures, drawings, and graphic designs
- Architectural works and architectural drawings
Animation and multimedia installations are also protected, provided there is sufficient originality in the arrangement, sequence, or visual expression.
Software, Databases, and Digital Content
Software and databases are protected when they exhibit originality in expression. Examples:
- Source code and object code for computer programs
- User interfaces, icons, and graphical workflows
- Original database structure and data organization (where the arrangement shows creativity)
- Original digital graphics, websites, and apps
Plain ideas, methods, or functional aspects of software may be protected by other forms of intellectual property (e.g., patents), but the code and unique expression remain copyrightable.
Photographs and Motion Pictures
Photographs and films are classic examples of copyrightable works. Examples:
- Digital and film photography with original composition
- Documentaries, feature films, and web videos
- Video essays and instructional clips with original narration or editing
Copyright protects the photographer’s or filmmaker’s creative choices, such as framing, lighting, editing, and sequencing.
Facts, News, and Public Domain
Copyright does not protect facts, ideas, procedures, systems, or lists of information. News reporting may include protectable expression in the way facts are presented, but the facts themselves are not copyrighted. Works enter the public domain when copyright expires or if they were never eligible in the first place, making them freely usable.
What About Composite Works and Derivatives?
Composite works combine previously copyrighted material with new, original content. Examples include:
- Anthologies that mix original essays with excerpts
- Compilations of data with original commentary
- Remixes or fan works that add new creative expression
Derivatives require permission if the underlying material is still under copyright, though the new elements may be protected as original expressions.
Practical Takeaways for Copyright Protection
For creators and users, these practical guidelines help navigate copyright considerations:
- Originality matters: Even a short text or simple image can be protected if it shows creative expression.
- Fixation is essential: Works must be captured in a tangible form, such as a written document, a recording, or a digital file.
- Ownership and rights management: Authors often hold the initial rights; licenses and assignments spell out use terms.
- Registration is optional but beneficial: While copyright exists upon creation, registration enables certain legal remedies and remedies in court.
- Respect for others’ rights: Using someone else’s copyrighted work requires permission or a valid exception, such as fair use, which depends on specific factors.
- Documentation helps: Keep dates, drafts, and evidence of originality to support ownership claims.
Common Questions About Copyrightable Works
Users frequently ask what qualifies for protection and how to navigate usage. Key points include:
- Does a photograph of a painting infringe the painting’s copyright? It can, if the photograph reproduces the protected artwork in a way that violates the rights holder’s reproduction rights, though some exceptions may apply.
- Are ideas protected? No; protection covers expression, not ideas, methods, or concepts.
- What about obvious phrases or slogans? Short phrases and titles are often not protected by copyright, though they may be protected under trademark law in some cases.