What can be copyrighted?​

Literary and Artistic Works​

• Poetry​

• Novels​

• Music​

• Movies​

• Computer software​

• Architecture​

Exceptions and Limitations to Copyright​

There are provisions under copyright law that allow for the use of copyrighted material without a license from the copyright owner.​

Examples from US copyright law:​

• Section 107 – Fair Use​

  • Allows for things like criticism, parody, commentary, news reporting, and research​

  • Determined by four factors: purpose and character of the use; the nature of the copyrighted work; the amount and substantiality of the portion used; the effect on the potential market value of the original​

• Section 108 – Libraries and Archives​

• Section 109 – First Sale​

Public Domain​

The public domain consists of all creative work that is not in copyright.​

There are four ways works enter the public domain:​ 

1. The copyright expires;​

2. The work was never entitled to copyright protection (such as certain government publications, for example);​

3. The creator dedicates the work to the public domain before the copyright has expired;​

4. The copyright holder failed to comply with copyright rules for registration or renewal during a time when those were required.​

What cannot be copyrighted?​

• Facts​

• Ideas​

• Systems​

• Methods of operation

How does work receive copyright?​

In the United States, a work is copyrighted as soon as it is put down in a fixed medium​

• A handwritten manuscript​

• A blog post​

• A recording of music​

• Written sheet music​

• A drawing on paper​

• A drawing in a computer program​

• Computer code is written​

• Etc.....​

Registration is not required for a work to be copyrighted, but registering does afford the copyright owner more protections, such as the ability to sue for infringement.​

Bibliography

Copyright exclusive rights. Copyright Alliance. (2022, June 30). https://copyrightalliance.org/education/copyright-law-explained/copyright-owners-rights/copyright-exclusive-rights/ ​

Trademark, patent, or copyright. United States Patent and Trademark Office - An Agency of the Department of Commerce. (2025, February 3). https://www.uspto.gov/trademarks/basics/trademark-patent-copyright ​

What does copyright protect?. What Does Copyright Protect? (FAQ) | U.S. Copyright Office. (n.d.). https://www.copyright.gov/help/faq/faq-protect.html 

Wikimedia Foundation. (2024, November 25). Statute of Anne. Wikipedia. https://en.wikipedia.org/wiki/Statute_of_Anne ​