Legal Definitions - compilation

In copyright law, a compilation refers to a work created by gathering and organizing existing materials or data. For a compilation to be eligible for copyright protection, the way these materials are selected, coordinated, or arranged must demonstrate a sufficient level of originality and creativity. The copyright protection extends only to this original selection and arrangement, not to the individual items themselves, unless those items are also original works created by the compiler.

While the compiler owns the copyright to their unique arrangement, they typically need permission from the original rights holders to include copyrighted materials within their compilation. Simple collections of facts without any creative choices in their organization are generally not protectable as compilations; the originality must lie in the specific choices made in how the information is presented.

• Example 1: A "Greatest Hits" Music Album

  Imagine a music album titled "The Ultimate 90s Pop Anthems." The individual songs on this album were originally created and copyrighted by various artists and record labels throughout the 1990s. However, the company producing this compilation album made original choices in selecting which specific songs to include out of thousands of 90s hits, and then arranging them into a particular sequence on the album to create a cohesive listening experience. This unique selection and arrangement constitute the copyrightable compilation, separate from the copyrights of the individual songs.

• Example 2: A Curated Art Exhibition Catalog

  Consider a catalog for an art exhibition titled "Masters of Modern Sculpture." This catalog features photographs of sculptures by various artists, along with biographical information and critical essays about each piece. The individual photographs and essays might be copyrighted by their respective photographers, authors, or artists. However, the exhibition curator and catalog editor made creative decisions in selecting which specific sculptures and accompanying texts to feature, organizing them thematically or chronologically within the catalog, and designing the overall layout. This specific selection, arrangement, and presentation of the existing materials form the basis of the catalog's compilation copyright.

• Example 3: An Online Directory of Farmers' Markets

  Picture an online directory called "Local Harvest Hub," which lists farmers' markets across a specific region. The directory provides information such as market names, addresses, operating hours, and a list of vendors. While the basic facts (names, addresses) are not copyrightable, the creator of "Local Harvest Hub" exercised originality by selecting only markets that meet specific criteria (e.g., only those selling organic produce, or only those open year-round), categorizing them by location, specialty, and accessibility features, and arranging the information in a user-friendly interface with original descriptive summaries for each market. This specific selection, categorization, and presentation of the data create a protectable compilation.