What is Copyright?
Answer
- Copyright protects expression never ideas.
- It is a common misconception that copyright indicates ownership, it does not.
- Copyright provides protection to the creators of original works of authorship
- To receive copyright protection a work must be:
- Original work of authorship
- Fixed in a tangible medium of expression
- Contain a minimal degree of creativity
Works are original when they are independently created by a human author and have a minimal degree of creativity.
Independent creation simply means that you create it yourself, without copying.
The Supreme Court has said that, to be creative, a work must have a “spark” and “modicum” of creativity.
A work is fixed when it is captured (either by or under the authority of an author) in a sufficiently permanent medium such that the work can be perceived, reproduced, or communicated for more than a short time. For example, a work is fixed when you write it down or record it.