Material That Cannot Be Copyrighted
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Copyright protection does not exist for:
- an "idea, procedure, process, system, method of operation, concept, principle or discovery." (17 U.S.C. sec 102(b)). It makes no difference in what form these items are communicated. The Copyright Office distinguishes works that embody descriptions, explanations or illustrations of ideas, procedures, processes, etc. as being subject to copyright protection, from those which merely provide the idea, procedure, etc. itself, as long as the requirements for securing a copyright have been fulfilled. (Copyright Office Circular 31).
- items which are designed to register information rather than convey facts, such as a blank form. The format and design of a blank form cannot be copyrighted. This is because the idea underlying the form is a method or system, neither of which can be the subject of copyright. Even though through a blank form, the author is conveying information, it is the author’s expression of the information that is subject to a copyright, not the form on which he utilizes a procedure to record his information. (Copyright Office Circular 32).
- mechanisms for monitoring and computing facts. Examples are slide rules and perpetual calendar designs. These items merely enable an individual to gather data and derive information, but do not convey information in and of themselves. (Copyright Office Circular 33).
- short titles, names, phrases, "catchy" words or a listing of ingredients. This category conveys no information other than a name or word, nor does it represent an embodiment of a literary, musical or illustrative work. (Copyright Office Circular 34). It is the policy of copyright law not to remove ideas from the public unless the expression of the idea conveys information that will benefit the public.
- creations which are composed of information that is common knowledge. Examples are height and weight tables, tape measures and standard calendars. Works embodying these items contain nothing original. (Copyright Office Circular 1).
- works that have not been memorialized in a tangible manner of communication. The Copyright Office provides the example of an improvised speech that has not been written down or memorialized in some other manner. (Circular 1).
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