Copyright law covers a wide range of creative works, including some that may not seem like traditional books or art. This lesson introduces the statutory categories of eligible works and explains how courts have interpreted them broadly, particularly in relation to software.
These categories are broad rather than limited to a short list of traditional formats. Courts have interpreted them to cover many kinds of creative works, including maps, games, puzzles, toys, and fabric designs. Changes in technology have also led copyright law to apply to new forms of creative expression, such as photographs and motion pictures.
All flashcards
Literary work
A work expressed in words, numbers, or other verbal or numerical symbols or indicia, regardless of its material object.
Copyright protection for software
Copyright may protect eligible expression in a program, while potentially patentable processes are considered separately.
Creative compilation
A compilation may be protected for original selection or arrangement, even though its underlying facts remain free to use.
Copyright originality
A work must be independently created and contain some original authorship; strict novelty is not required.
Eligible work categories
Section 102 names eight broad categories, interpreted to include creative forms beyond traditional books and artworks.
Quiz questions
What does copyright protect in a computer program?Answer: The program’s eligible expressive elements, not the underlying process as such.
Which statement best describes the idea-expression distinction in copyright?Answer: Copyright may protect particular expressive choices, but not the underlying abstract idea.
Why is a plain directory of names and addresses generally not protected by copyright on that basis alone?Answer: The underlying facts are not copyrightable, and a plain listing may lack original selection or arrangement.
What does copyright originality require?Answer: Independent creation with at least some original authorship, but not strict novelty.
What does fixation mean for a copyrightable work?Answer: The work is expressed in a tangible medium so it can be perceived, reproduced, or communicated.