Requirements for Receiving Copyright Protection

To receive copyright protection, a work must be "original" and must be "fixed" in a tangible medium of expression.

Originality

The originality requirement is not stringent: A work is original in the copyright sense if it owes its origin to the author and was not copied from some preexisting work.

1. A work can be original without being novel or unique.

2. Only minimal creativity is required to meet the originality requirement. No artistic merit or beauty is required.

3. A work can incorporate preexisting material and still be original. When preexisting material is incorporated into a new work, the copyright on the new work covers only the original material contributed by the author.

4. A compilation of facts (a work formed by collecting and assembling data) is protected by copyright only to the extent of the author's originality in the selection, coordination, and arrangement of the facts.

Fixation

A work is "fixed" when it is made "sufficiently permanent or stable to permit it to be perceived, reproduced, or otherwise communicated for a period of more than transitory duration." (§101 of the Copyright Act) It makes no difference what the form, manner, or medium is.

(Updated 10/4/2012 by AG)

For detailed information on copyright, please click the following links:

• Copyright in General
• What Works Are Protected?
• Who Can Claim Copyright?
• Requirements for Receiving Copyright Protection
• The Exclusive Rights
• Duration of the Rights
• Copyright Notice
• Copyright Registration
• Frequently Asked Questions about Copyright