Legal Definitions - blank-forms rule

The blank-forms rule is a principle in U.S. copyrightlaw stating that certain types of forms cannot be protected by copyright. Specifically, this rule applies to forms that are designed primarily for recording information and do not, by themselves, communicate any original expressive content or information.

In simpler terms, if a form is essentially a blank template meant for you to fill in your own data, without offering any unique or creative expression in its structure or content beyond what is necessary for its function, it generally cannot be copyrighted. This rule prevents individuals or companies from monopolizing the basic formats used to collect common types of information.

Here are a few examples to illustrate the blank-forms rule:

• A Standard Job Application Form: Imagine a generic job application form that includes blank spaces for an applicant's name, address, phone number, educational background, and work history. While a company might design such a form, the blank-forms rule dictates that the form itself—the layout of lines and labels like "Name:", "Previous Employer:", "Dates of Employment:"—is not copyrightable. Its sole purpose is to collect information from the applicant, not to convey original information or creative expression from the form's creator. Therefore, another company could create and use a very similar blank job application form without infringing on copyright.

• A Mileage Logbook Template: Consider a simple template for a mileage logbook, often used by individuals to track business travel for tax purposes. This template might have columns for the date, starting odometer reading, ending odometer reading, destination, and purpose of the trip. The blank-forms rule means that this template, designed purely for recording specific travel data, cannot be copyrighted. The arrangement of these functional columns and rows is considered a utilitarian tool for data entry, not an original work of authorship that conveys information in itself. Anyone can create a similar mileage log without copyright concerns.

• A Basic Medical History Intake Form: When visiting a new doctor, you often fill out an intake form asking for your name, date of birth, current medications, allergies, and past medical conditions. These forms typically consist of questions followed by blank lines or checkboxes. Under the blank-forms rule, such a form is not copyrightable. Its design is functional, serving only as a structured way to collect personal health information from the patient. The form itself doesn't express original ideas or information; it merely provides a framework for the patient's data. Therefore, different medical practices can use similar blank intake forms without infringing on any copyright.