The kinds of works covered by copyright are listed in Section 102 of the Copyright Act. In order for a work to be covered by copyright, it must be an original work of authorship fixed in a tangible medium of expression. See the detailed explanations below.
Copyright covers original work that is fixed in a tangible medium of expression.
Several types of works can be protected including:
- Literary works
- Musical works, including any accompanying words
- Dramatic works, including any accompanying music
- Pantomimes and choreography
- Pictorial, graphic, and sculptural works
- Motion pictures and other audiovisual works
- Sound recordings
- Architectural works
What Isn’t Covered by Copyright?
Not all works are covered by copyright. Those not covered include:
Works already in the public domain
- Moby Dick
- Shakespeare’s plays
- Beethoven’s works
Works not fixed in a tangible medium
- A song in your head, but not recorded or written down
Ideas
- Boy meets girl, they fall in love and live happily ever after
- Hero protagonist saves the world with the help of wacky sidekick
Facts
- 1+1=2
- King George IV died in 1830
- Copenhagen is the capital of Denmark
Works of the U.S. government produced by government employees
- Federal government reports
- Acts/Bills of Congress
- The White House website
Copyright in Cases of a Work Made for Hire
If you create something as part of your job duties, it is likely a work made for hire. In these cases, your employer is considered the author and rights holder of a work made for hire rather than the employee. Read the United States Copyright Office’s Works Made for Hire circular for a more nuanced discussion.
Exercises: Copyrightable?
