Copyright Law

Copyright protection exists for original works of authorship that involve some minimal level of creativity. In order to be eligible for copyright protection, the work must be fixed in a tangible medium of expression so that it can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine/device.

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What works cannot be copyright protected?

Not all works can receive copyright protection. In fact, Title 17, the copyright title, specifically lists what can and can’t be considered copyrightable based on certain requirements. The first requirement for a work to be copyrighted is that it must be original. The second requirement under the copyright code is that the work be fixed in a tangible form.

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When is work considered to be in the “public domain”?

The ‘Public Domain’ refers to created material that either does not get copyright protection by law, or protection under the law has lapsed. By definition, materials in the public domain do not have copyright protection and thus you do not need the owner’s permission to use these materials.

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