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Copyrightable subject matter

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The subject matter eligible for protection under the 1976 Copyright Act is set forth in Section 102(a): From this provision, the courts have derived three basic requirements for copyright protection — originality, creativity and fixation. The final requirement for copyright protection is fixation in a tangible medium of expression. Protection attaches automatically to an eligible work of authorship the moment the work is sufficiently fixed.

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The subject matter eligible for protection under the 1976 Copyright Act is set forth in Section 102(a): From this provision, the courts have derived three basic requirements for copyright protection — originality, creativity and fixation. The requirements of originality and creativity are derived from the statutory qualification that copyright protection extends only to "original works of authorship." To be original, a work merely must be one of independent creation — i.e., not copied from another. There is no requirement that the work be novel (as in patent law), unique or ingenious. To be creative, there must only be a modicum of creativity. The level required is exceedingly low; "even a slight amount will suffice." The final requirement for copyright protection is fixation in a tangible medium of expression. Protection attaches automatically to an eligible work of authorship the moment the work is sufficiently fixed.