Legal Definitions - copyrightability test

The copyrightability test is a legal standard used by courts to determine whether an individual who contributed to a collaborative creative work can be considered an "author" for copyright purposes. This test focuses on whether that individual's specific contribution, by itself, contains enough original creative expression to be eligible for its own copyright protection. If it does, then the contributor is typically recognized as an author of the joint work, sharing in the copyright.

This test is crucial because authorship determines who holds the rights to a creative work, including the right to reproduce, distribute, and create derivative works from it. When multiple people contribute to a single work, this test helps clarify who has a legal claim to the copyright.

• Example 1: Collaborative Songwriting

  Imagine a band creating a new song. One member, Liam, writes all the lyrics. Another member, Maya, composes the melody and chord progression. A third member, Noah, creates a unique guitar riff that becomes a signature part of the song.

  Under the copyrightability test:

  • Liam's lyrics would likely qualify for copyright protection on their own as an original literary work.
  • Maya's melody and chord progression would also likely qualify as an original musical composition.
  • Noah's unique guitar riff, if sufficiently original and distinct, could also qualify as a copyrightable musical element.

  Explanation: Because each of their contributions (lyrics, melody, and unique riff) could stand alone as an independently copyrightable work, Liam, Maya, and Noah would all be considered co-authors of the song under this test, sharing in the copyright.

• Example 2: Educational Software Development

  Consider a team developing an interactive educational application. Dr. Chen designs the core learning modules and writes all the instructional text. Sarah creates all the original illustrations and animations for the app. Mark writes the underlying programming code that makes the application function. Their assistant, David, compiles a list of publicly available educational resources and links them within the app.

  Under the copyrightability test:

  • Dr. Chen's instructional text and module designs would likely pass, as they represent substantial original literary expression.
  • Sarah's original illustrations and animations would pass as original visual art.
  • Mark's unique programming code would pass as an original literary work (software code).
  • David's compilation of public resources, while useful, typically involves selecting and arranging existing, non-copyrightable information, which usually lacks the originality required for independent copyright protection.

  Explanation: Therefore, Dr. Chen, Sarah, and Mark would be considered co-authors of the educational software because their individual contributions are independently copyrightable. David would not be considered a co-author under this test, as his work, while valuable, does not meet the threshold of original expression that could stand alone for copyright.