Copyright Basics.   What Can Be Copyrighted?

For a work to be copyrighted, the material must be an original work of authorship and there must be a certain level of creativity in the expression of the idea. The expression of the idea can be copyrighted, not the idea itself. Simply restating facts does not make a work copyrightable. Three issues determine if material is subject to copyright protection:

  1. Does the nature of the material lend itself to copyright protection?

  2. Is the material in the public domain?

  3. Would the new use of the material be considered fair use?

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Updated July 10, 2003