Section 5 Subject Matter That Is Copyrightable

• Library: Intellectual Prop 2004

Copyrightable subject matter is defined generally in 17 U.S.C. as “original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device.” 17 U.S.C. § 102(a). As an “original work of authorship,” the work must have some minimal level of originality. John Muller & Co. v. N.Y. Arrows Soccer Team, Inc., 802 F.2d 989 (8^th Cir. 1986); Kamar Int’l, Inc. v. Russ Berrie & Co., 657 F.2d 1059 (9^th Cir. 1981).

In Feist Publications, Inc. v. Rural Telephone Service Co., 499 U.S. 340 (1991), the Court found that the respondent’s...