In order to qualify for copyright, a work must fulfill two minimum criteria: originality and fixation. Originality requires that works be created by a human author (monkeys, dogs, bots, etc. cannot create copyrightable works, at least for now!) and involve at least a minimal amount of creativity. Fixation means that a work exists in a form so that it can be perceived, reproduced, or communicated for more than a short time. Some examples of works and subject matter that are not protected by copyright include:
- Works that have not been fixed in a tangible form of expression, such as choreographic works that have not been notated or recorded and improvised speeches or performances that have not been written or recorded
- Titles, names, short phrases, and slogans; familiar symbols or designs; simple variations of typographic ornamentation, lettering, or coloring; simple listings of ingredients or contents
- Ideas, procedures, methods, systems, processes, concepts, principles, discoveries, or devices. However, a description, explanation, or illustration may be protected by copyright.
- Works consisting entirely of information that is common property and containing no original authorship (for example: standard calendars, height and weight charts, tape measures and rulers, and lists or tables taken from public documents or other common sources). These works are considered neither original nor creative.
To learn more about what is and is not subject to copyright, visit the Copyright Basics research guide and other resources linked below.
