Although most creative works easily satisfy the requirements for copyright law protection, it’s important to understand what copyright law does not protect, such as ideas and concepts.
Are Ideas Protected by Copyright Law?
No. Ideas, facts, and concepts are not protected by copyright law. Although they are not protectable by copyright, the expression of those ideas, facts, and concepts are protectable, such as in a description, explanation, or illustration or as a database of facts. Separating anideafrom the expression or manifestation of that idea is known in copyright law as the idea-expression dichotomy.
For example, anyone may “use” the ideas and facts in a news article to write their own article that uses their own expression, but, with some exceptions, no one is allowed take the exact expression used by the author of the article to describe or explain those ideas, facts, and procedures. Copyright does not protect the ideas or the facts in the news article, but does protect the author’s expression of those ideas and facts.
Because ideas cannot be copyrighted, anyone can build freely upon the ideas and information conveyed by someone else, which encourages the creation and dissemination of copyrighted works and promotes the progress of the arts.
There are times when the idea and the expression of the idea are so intertwined with one another that there is only one way or very few ways to express the idea. This is what is commonly referred to as the merger doctrine. When the idea and expression of the idea merge like this, the expression of the idea is not copyrightable. For example, there may be very limited ways to explain a certain method for a bookkeeping or recordkeeping system or express the process of creating chicken soup in a recipe. For more information on copyrightability of recipes and cookbooks, read our blog post on the topic.
What Else Is Not Protected by Copyright Law?
In addition to ideas, facts, and concepts, there are also several other things that are not eligible for copyright protection. Below you’ll find a non-exhaustive list of what copyright law generally does not protect:
- Procedures, processes and methods of operation;
- Systems;
- Principles and discoveries;
- Titles, slogans, and other short phrases;
- Lists of ingredients;
- Creations that are not fixed in a tangible form, like an improvisational comedy sketch;
- Information that is comprised completely of common property and no original authorship, like standard calendars, height and weight charts, tape measures and rulers;
- Utilitarian elements of industrial designs (although the expressive elements of the design may be protected, such as a decorative lamp base);
- Familiar symbols or designs, like a “Stop” sign;
- Simple geometrical shapes; and
- Mere variations of typographic ornamentation, lettering or coloring
Though copyright law does not protect these elements, they could be protectable under other kinds of intellectual property (IP) laws including patent, trademark, or trade secret law. For example, a slogan may be eligible for trademark protection and a process may be patentable subject matter. Visit our FAQ section of our website to learn more about the differences between copyright law and other IP laws.
FAQs
Copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed.
What items does the copyright law not protect? ›
Copyright does not protect ideas, concepts, systems, or methods of doing something. You may express your ideas in writing or drawings and claim copyright in your description, but be aware that copyright will not protect the idea itself as revealed in your written or artistic work.
Which item is not protected by copyright? ›
For example, copyright does not protect factual information or data, titles, short word combinations, names, characters, slogans, themes, plots, or ideas.
Which of the following cannot be protected by copyright? ›
Actors cannot be protected under copyright.
What is exempt from the copyright law? ›
The copyright law identifies certain types of uses, including criticism, comment, news reporting, teaching, scholarship, and research as examples of activities that may qualify as a fair use. There is no bright line test for determining when a particular use constitutes a fair use under the law.
What is not covered by copyright law? ›
Titles, names, short phrases, and slogans are not protected by copyright law. Similarly, it is clear that copyright law does not protect simple product lettering or coloring, or the mere listing of product ingredients or contents.
What is the best example of an item not protected by copyright? ›
Words, Phrases, or Familiar Symbols
In general, copyright does not protect individual words, short phrases, and slogans; familiar symbols or designs; or mere variations of typographic ornamentation, lettering, or coloring; mere listings of ingredients or contents.
What would not be protected by copyright? ›
Copyright does not protect names, titles, slogans, or short phrases. In some cases, these things may be protected as trademarks. Contact the U.S. Patent & Trademark Office, TrademarkAssistanceCenter@uspto.gov or see Circular 33, for further information.
What is one item that can't be copyrighted? ›
Lots of other things!
There are many other things specifically not protected by copyright, including cooking recipes, fashion designs, titles and slogans, domain names, band names, genetic code, and “useful articles” that have a utilitarian function (like a lamp).
What does not infringe copyright? ›
Copyright infringement does not occur if you copy a public speech or lecture, made for information purposes, or photocopy government publications for public usage.
Copyright protects original works of authorship, but it does not protect facts, ideas, systems, or methods of operation. Moreover, names, titles, short phrases and slogans, familiar symbols, numbers, and facts are not subject to copyright. Items that are considered "common property" are not protected by copyright laws.
What is not copyright infringement? ›
Works that have not been fixed in a tangible medium of expression (that is, not written, recorded, or captured electronically) Titles, names, short phrases and slogans; familiar symbols or designs; mere variations of. typographic ornamentation, lettering or coloring; mere listings of ingredients or contents.
What is the main exception to copyright? ›
You generally need to obtain a license (i.e., explicit written permission) to use a third party's copyrighted material. There are three major exceptions to this rule: (1) the face-to-face instruction exception, (2) the online instruction exception (also known as the TEACH Act), and (3) the fair use exception.
What does not protected by copyright? ›
Copyright does not protect ideas or information, only the original expression of ideas or information. Copyright does not prevent someone else from independently producing the same work. Copyright does not usually protect names and titles, as these are not considered original enough.
What is illegal in copyright? ›
Copyright infringement occurs when the violating party exercises any of the creator's exclusive rights to the work without permission. This includes all manners of distribution (selling, broadcasting, performing, etc.), adaptation or other copying of the work.
What is avoid copyright infringement? ›
Do not copy, share or alter without seeking permission. The first step in obtaining permission to use a copyrighted work is to identify the author of the work for purposes of contacting them to discuss the use of their work.
What does copyright law prohibit? ›
The Copyright Act prevents the unauthorized copying of a work of authorship. However, only the copying of the work is prohibited--anyone may copy the ideas contained within a work.
What are 3 major exceptions for use of materials based on copyright laws? ›
Three Exceptions
There are three major exceptions to this rule: (1) the face-to-face instruction exception, (2) the online instruction exception (also known as the TEACH Act), and (3) the fair use exception. These exceptions are defenses against a claim of copyright infringement.
What material Cannot be copyrighted? ›
Copyright protections don't protect general concepts, methods, or common knowledge. A work must also exist in a tangible form to receive copyright protection. For example, you can't copyright an improvised performance that wasn't recorded.
