What Copyright Covers

The kinds of works covered by copyright are listed in Section 102 of the Copyright Act. In order for a work to be covered by copyright, it must be an original work of authorship fixed in a tangible medium of expression. See the detailed explanations below.

Several types of works can be protected including:

• Literary works
• Musical works, including any accompanying words
• Dramatic works, including any accompanying music
• Pantomimes and choreography
• Pictorial, graphic, and sculptural works
• Motion pictures and other audiovisual works
• Sound recordings
• Architectural works

What Isn’t Covered by Copyright?

Not all works are covered by copyright. Those not covered include:

Works already in the public domain 

• Moby Dick
• Shakespeare’s plays
• Beethoven’s works

Works not fixed in a tangible medium

• A song in your head, but not recorded or written down

Ideas

• Boy meets girl, they fall in love and live happily ever after
• Hero protagonist saves the world with the help of wacky sidekick

Facts

• 1+1=2
• King George IV died in 1830
• Copenhagen is the capital of Denmark

Works of the U.S. government produced by government employees

• Federal government reports
• Acts/Bills of Congress
• The White House website

Copyright in Cases of a Work Made for Hire

If you create something as part of your job duties, it is likely a work made for hire. In these cases, your employer is considered the author and rights holder of a work made for hire rather than the employee. Read the United States Copyright Office’s Works Made for Hire circular for a more nuanced discussion.