copyrightable

Copyrightable is an adjective used to describe a work, idea, or expression that is eligible for protection under copyright law. In the United States, the term is most directly tied to 17 U.S.C. § 102, which lists the subject matter that is protected, and the requirements that must be met for a work to be considered copyrightable.

To be copyrightable, a work must be an original work of authorship that is fixed in a tangible medium of expression. Originality merely requires that the author exercised some degree of creativity; it does not require that the work be novel or unique in an absolute sense. Fixation means that the work must be recorded, recorded, or otherwise captured in a form that can be perceived for more than a brief instant. Works that do not meet these basic criteria are not copyrightable.

Certain categories are expressly excluded from protection, even if they are fixed and original. These include ideas, facts, discoveries, procedures, systems, methods of operation, and fundamental principles. For instance, a scientific theory, a mathematical formula, or a recipe are not copyrightable, though an author might be able to protect a specific text that explains or presents those ideas. The distinction between what is protected and what is not is crucial for determining whether infringement can occur.

In other legal systems the basic concepts are similar but the specific statutory definitions may vary. For example, the Berne Convention and European Union law also require fixation and originality, but the list of exclusions differs somewhat. Because of these differences, a work that is copyrightable in the United States might not automatically be protected in another jurisdiction, nor would a work that is not protected in one realm be protected in another.

The term is frequently used in legal commentary, scholarly articles, and court opinions to clarify whether a particular expression has the legal force of copyright. It is often paired with the noun "copyright" as in "the copyrightable status of the manuscript," to indicate whether the expression qualifies for legal protection.