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LSDefine
Simple English definitions for legal terms
copyrightability test
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A quick definition of copyrightability test:
A copyrightability test is a way for judges to decide if someone who helped create something should be considered an author with legal rights. They look at whether the person's contribution is unique and original enough to be protected by copyright laws. Most courts use this test to make their decision. It's different from the de minimis test, which looks at whether a contribution is so small that it doesn't matter.
A more thorough explanation:
The copyrightability test is a legal assessment used to determine if a contributor to a joint work can be considered an author for legal purposes. This test is based on whether the contributor's effort is an original expression that could qualify for copyright protection on its own.
For example, if a group of musicians collaborates on a song, the copyrightability test would determine if each musician's contribution is significant enough to be considered an author of the song. If one musician only contributed a few notes, their contribution may not be significant enough to be considered an author.
The copyrightability test has been adopted by a majority of courts that have addressed the question. It is different from the de minimis test, which considers whether a use of copyrighted material is so minimal that it does not require permission from the copyright owner.