What cannot be copyrighted and why it matters
Copyright is a legal concept that ensures that the original creators of content (music, book, app, etc.) have the exclusive right to use and distribute their work. It's a universal barrier that prevents others from copying, sharing, or profiting from these works without permission. Such legal norms allow creators to count on recognition and financial compensation. However, there are areas that copyright does and does not cover, and every paper writer knows about them. Let's learn what cannot be copyrighted!
What is copyright in a nutshell
Copyright is an intellectual property law that grants people ownership over their original works. It protects various creative materials so creators can choose how their creations are used and get credit and income for their contributions. Copyright does not require formal registration but automatically arises when a work is created. Moreover, copyright applies to a variety of works, including:
- Books, essays, articles, and even software code.
- Lyrics, compositions, and sound recordings.
- Plays, scripts, and screenplays.
- Paintings, drawings, sculptures, and photographs.
- Movies, TV shows, and online videos.
- Original building designs.
However, copyright does not protect ideas, procedures, and methods of operations, concepts, facts, principles, or discoveries, regardless of the form or manner in which they are expressed, as long as they are factual. The system rewards innovative, original contributions while maintaining everyone’s ability to build on old ideas. So, try to learn what cannot be copyrighted or do anything.
What cannot be copyrighted: things to consider
Copyright only extends to a wide range of creative works but does not cover all. Understanding these uncopyrightable aspects of ideas is important, as they dictate how knowledge can be freely shared and extended across academic and professional domains.
Ideas and concepts
Ideas and concepts are specifically excluded from protection under copyright law. That implies that the underlying thoughts, plans, or methods that go into work cannot be copyrighted (only the special and unique way these ideas are expressed can be protected).
That being said, a story about a hero’s journey, as an idea, cannot be copyrighted, but a certain story or specific narrative based on that journey can be. Scientific theories, methods, and basic design principles are not copyrightable until they are presented in tangible form. So, here are some things that cannot be copyrighted:
- The general subject of a work is love, conflict, or freedom.
- Standard procedures or methodologies used in experiments or research.
- High-level ideas that can be broadly applied, like "the power of positivity."
- Basic art, music, or other crafts techniques, such as brushstrokes or musical scales.
By forging this path, legal barriers to creativity are avoided so that creators may freely adapt and develop a foundational idea into new expressions without delay. Besides, you should know all about the consequences of plagiarism to avoid any issues in the future. Always check what cannot be copyrighted.
Facts and data
Facts and data are another category that is not protected by copyright. Facts do not come under copyright protection more than the raw data (or 'information') that describes them. Facts and data exist independently in terms of being independent of any particular person creating or owning them. The presentation or arrangement of this information can be covered by copyright protection. For instance, historical dates, scientific discoveries, and statistical information are not. Accurate data reporting is particularly important in academic and research work, and free public access is desirable.
Government works
Works generated by the government are usually not copyrighted, so the public has free access to works created by government entities. For example, in the United States, works developed by federal government employees as part of their official duties are immediately placed in the public domain. Examples are reports, official documents, photographs, and certain databases.
However, it is worth noting that federal government works are in the public domain, and state and local government materials are not guaranteed. Copyright protection law gives them a wide audience, promoting transparency and ensuring that important information is readily available to the public for use, teaching, and research.
Common knowledge
Information that is generally known but easy to verify and rarely attributable to one particular source is called common knowledge. Common knowledge cannot be copyrighted because a large portion of the public is known to know it. This includes basic facts, historical dates, generally accepted scientific knowledge, and sayings or folklore of general knowledge.
Common knowledge includes saying that the Earth goes around the Sun, that water boils at 100 °C, or that Shakespeare was an English playwright. This information is open to anyone, and it is great in educational and academic contexts where basic facts can easily be learned. Many students know that including common knowledge does not necessarily require a citation and promotes the free sharing of generally well-known information and facts.
Short phrases, titles, and slogans
Short phrases, titles, and slogans are generally not eligible for copyright protection because they lack the originality and length required for a work to qualify. These elements are usually too brief or generic to be considered unique, which limits their protection under copyright law. For example, titles of books, movies, or songs are not protected by copyright, allowing multiple works to use similar titles without legal issues. Additionally, common slogans and catchphrases fall outside copyright protection. So, what can't be copyrighted? Here are some examples:
- Book and Movie Titles – Titles like The Great Escape or The Big Sleep.
- Slogans – Short, memorable phrases like “Have it your way.”
- Catchphrases – Expressions popularized by culture, such as “Keep it simple.”
- Simple Phrases – Short, common expressions such as “Good morning.”
However, there are slogans, ideas, and concepts that are strongly associated with a certain product or company. Using them, you can have problems with companies like Apple or Nintendo, which suppress the slightest signs of similarity with their products. Moreover, there are famous cases of plagiarism that have led to settlements. As a potential creator of something new, you should be aware of the consequences of plagiarism and the penalties that come with it.
Procedures, methods, and systems
According to copyright protection law, procedures, methods, and systems are not merely not guarded by the law; they are considered fundamental tools that should be free for public use. Also included are instructions, steps, or techniques that provide the basis of diverse fields, including professions.
So, what can't you copyright? For example, once a diagram of scientific methods, instructional techniques, or business procedures, repeated and widespread application is evident, copyrights do not apply. However, Copyright protects the expression of a procedure or method (for example, in a written guide or manual) but not the steps themselves.
Public domain works
So, copyright infringement is punishable in most countries. However, works that are 'public domain' are materials that you can use, share, redistribute, and change without permission or payment. They are no longer protected by copyright or were never protected by copyright. Works enter the public domain in several ways. Some were never eligible for copyright protection (for example, government works), and others have lost their protection.
It includes works of classic literature, music, and art created before a certain date and any works placed explicitly in the public domain by their creators. Public domain resources provide free content useful to students and researchers for educational and creative use. While public domain materials are unencumbered, modern adaptations, interpretations, and new presentations of these works may be under separate Copyrights.