2.6.11.2: What Copyright Covers
What Copyright Covers
Definition: Original Work of Authorship
Definition: Tangible Medium of Expression
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The kinds of works covered by copyright are listed in Section 102 of the Copyright Act. In order for a work to be covered by copyright, it must be an original work of authorship fixed in a tangible medium of expression. (See the detailed explanations below.)
There are several types of works that can be protected, including:
In addition to these, new formats such as email, software, video games, and digital works including web pages and online images have all been determined to have copyright protection.
Definition: Original Work of Authorship
In copyright law, originality means that a work is independently created and possesses at least a minimum amount of creativity. For example, an alphabetized list of names and phone numbers would not receive copyright protection because it required no creativity to produce.
Definition: Tangible Medium of Expression
For a work to be “fixed in a tangible medium,” it must exist in some perceptible format for more than a transitory duration. For example, a work that is fixed in a tangible medium could be written on paper, saved to a computer hard drive, or recorded on film. An improvised jazz performance that is not recorded would not have copyright protection, because the creative expression of the musician has not been saved in any tangible format.
Not all works are covered by copyright. Those not covered include:
Works already in the public domain (discussed in detail later in this book)
Works not fixed in a tangible medium
Ideas
Facts
Works of the U.S. government produced by government employees
If you create something as part of your job duties, it is likely a work made for hire. In these cases, the employer is considered the author and rights holder of a work made for hire rather than the employee.
Read the United States Copyright Office’s Works Made for Hire circular for a more nuanced discussion.