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A copyright protects original works "created" by an author and "fixed" in a "tangible" means of expression. (17 U.S.C. sec. 102(a)).
In general, a copyright protects:
- original creations of an author;
- expressed in any manner that enables the material to be communicated; and
- is subject to comprehension directly by the senses, through copying or other communication, with or without the aid of equipment.
A copyright protects an author’s original expression of an idea. "Original" does not imply that the topic or subject matter of the author’s work must be novel or unique. Rather, the originality must exist in the author’s chosen manner of expressing the subject matter of the work.
It is important to emphasize that a work subject to protection can be one that is not immediately perceived by the senses. As long as the work may be perceived with the aid of some mechanism, it will receive copyright protection. (Copyright Office Circular 1).
Mechanisms by and through which a work may be comprehended need not be in existence at the time that a copyright is secured. A mechanism may be developed at a future date that will enable the work to be communicated. The possibility that a mechanism may be developed in the future does not prevent a work from receiving copyright protection. (17 U.S.C. sec. 102(a)).
Copyright protection insures that individuals will be encouraged to provide the public with works that expand the realm of knowledge and seek to promote human interaction and discussion, without concerns for loss of credit for the particular work and accompanying financial loss.
Created
The copyright statute defines "created" as that point in time in which a work is embodied in concrete form for the first time. (17 U.S.C. sec 101).
If an author’s project is evolving over time, it becomes the author’s work, for copyright purposes, whenever there is a concrete embodiment of the author’s ideas. Thus, in the evolution of a work, it may be "created" at several points before the final creation. (17 U.S.C. sec. 101).
Fixed
Fixation refers to the process of permanently memorializing the author’s work. Fixation requires that the work be memorialized in a manner that allows it to be perpetually communicated to the senses, either directly or with the aid of some mechanism.
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