Lesson 5: Copyrightable Works

Welcome to Lesson 5 of our instructable on Copyright Law. In this lesson, we will explore what constitutes a copyrightable work under copyright law.

Definition of Copyrightable Works

Copyright law protects original works of authorship that are fixed in a tangible medium of expression. According to the U.S. Copyright Office, copyrightable works include:

Literary works (View on Amazon)
Musical works, including any accompanying words (View on Amazon)
Dramatic works, including any accompanying music (View on Amazon)
Pantomimes and choreographic works (View on Amazon)
Pictorial, graphic, and sculptural works (View on Amazon)
Motion pictures and other audiovisual works (View on Amazon)
Sound recordings (View on Amazon)
Architectural works (View on Amazon)

Originality and Fixation

Two key requirements for a work to be copyrightable are originality and fixation.

Originality: A work must be independently created by the author and possess at least some minimal degree of creativity.

Fixation: A work must be fixed in a tangible medium of expression, meaning it can be perceived, reproduced, or otherwise communicated for more than a transitory period.

Scope of Protection

The scope of protection for copyrightable works is vast. The following diagram illustrates the categories of copyrightable works:

Case Examples

Consider these examples of copyrightable and non-copyrightable works:


    
    
        My Original Poem
        This is an original poem I wrote, expressing my unique thoughts and feelings.


    
    
        Factual List
        2+2=4, The boiling point of water is 100°C, Earth is the third planet from the Sun.

Limitations and Exceptions

Not all works meet the requirements for copyright protection. For example:

Ideas, procedures, methods, systems, processes, concepts, principles, or discoveries
Works that have not been fixed in a tangible medium of expression
Titles, names, short phrases, and slogans
Familiar symbols or designs
Mere variations of typographic ornamentation, lettering, or coloring
Mere listings of ingredients or contents

Conclusion

In this lesson, we explored the types of works that are eligible for copyright protection. Understanding what constitutes a copyrightable work is essential for navigating the complexities of Intellectual Property Law.

Next, we will delve into the Exclusive Rights of a Copyright Holder.