Copyright

Copyright law covers all “original works of authorship fixed in any tangible medium of expression,” whether published or unpublished. 

A work is considered original if it “embodies some minimum amount of creativity.”[1] For example, a how-to manual or a particular arrangement of data may be considered original works.

Fixed means that the work exists in a form that has “more than transitory duration.” A cake decorated with a Happy Birthday message is unlikely to be fixed, but a website almost certainly is.

Tangible medium of expression refers to what can be seen, heard, or felt, either directly or with the assistance of a machine or device now known or later developed.

Such works include, for example:

• Literary works (this designation covers works composed of words and/or numbers, such as books, articles, websites, and software programs)
• Musical works, including any accompanying words
• Dramatic works, including any accompanying music
• Locally held archival materials
• Pantomimes and choreographic works
• Pictorial, graphic, and sculptural works
• Motion pictures and other audio-visual works
• Sound recordings
• Architectural works

Copyright protection does not extend to:

• Facts, ideas, procedures, processes, systems, methods of operation, concepts, principles, or discoveries. Note however that a particular expression or arrangement of facts, ideas, etc., may be protected.
• Works of the U.S. federal government or any U.S. federal government employee acting within the scope of his/her employment
• Works in the public domain
• Works for which copyright has expired (thus in the public domain)

Use the information in section 6 of this guide, “When Works Pass into the Public Domain,” to determine the copyright status of the work you wish to use.