Copyright is broad, but it has clear limits. Knowing what qualifies, and what does not, saves you from trying to protect something copyright was never meant to cover.
What can be copyrighted
Copyright protects original works of authorship fixed in a tangible medium. The main categories are:
- Literary works: books, articles, poetry, software, and other text.
- Musical works: compositions and any accompanying lyrics.
- Dramatic works: plays and screenplays, including any music.
- Choreographic works: dance and pantomime that has been fixed.
- Visual works: photographs, paintings, illustrations, graphics, and sculpture.
- Audiovisual works: films, videos, and animation.
- Sound recordings: recorded performances of music, speech, or other sounds.
- Architectural works: building designs.
What cannot be copyrighted
- Ideas, methods, and systems: copyright protects the expression of an idea, not the idea, procedure, or process itself.
- Facts: facts and data are not original to anyone, though a creative arrangement of them might be.
- Titles, names, and short phrases: these are too short to qualify. A brand name or slogan may instead be protected as a trademark.
- Works not fixed: an improvised speech or performance that was never recorded or written down.
- Works lacking originality: for example, a blank form or a standard calendar.
- Useful articles: the functional features of a useful object, though separable artistic elements can qualify.
The originality requirement
To qualify, a work needs only a minimal "spark" of creativity and must be independently created. The bar is low, but it is not zero. Purely mechanical or trivial output may not meet it.
When in doubt
If your work is genuine creative expression fixed in some form, it almost certainly qualifies. If you are unsure whether the right tool is copyright, trademark, or patent, our comparison guide can help.
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