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Legal Definitions - creative work

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Definition of creative work

Creative Work

A creative work refers to an original intellectual creation that has been expressed in a tangible form. This means it's not just an idea in someone's head, but something that has been written down, recorded, painted, sculpted, coded, or otherwise fixed in a way that others can perceive it. Such works are typically eligible for legal protection, such as copyright, which grants the creator exclusive rights to reproduce, distribute, and display their creation.

Here are some examples illustrating what constitutes a creative work:

  • Example 1: A Newly Composed Symphony

    A composer spends months writing a complex symphony, arranging notes for various instruments into a unique musical piece. Once the sheet music is written down and recorded, it becomes a tangible expression of the composer's original musical ideas.

    This illustrates a creative work because the symphony is an original intellectual creation (the unique arrangement of notes) that has been fixed in a tangible medium (the written sheet music and/or a recording), making it eligible for copyright protection.

  • Example 2: A Unique Architectural Blueprint

    An architect designs a groundbreaking new building with an innovative structural system and aesthetic. The detailed blueprints, 3D models, and specifications for this building are all produced and documented.

    This is a creative work because the architectural design represents an original artistic and functional expression of an idea, fixed in a tangible form through the blueprints and models. These documents are protected, even before the building itself is constructed.

  • Example 3: A Custom-Developed Mobile Application

    A software developer writes thousands of lines of unique code to create a new mobile application that helps users manage their personal finances in an entirely novel way. The source code, user interface design, and accompanying documentation are all completed.

    This demonstrates a creative work because the mobile application's source code, its unique user interface, and its overall design are original expressions of the developer's ideas, fixed in a tangible form (the code itself and the visual design elements). These elements are distinct from the underlying concept of "personal finance management" and are therefore protectable.

Simple Definition

In legal terms, a creative work is synonymous with a "work of authorship." This refers to an original intellectual creation that has been fixed in a tangible medium of expression, making it eligible for copyright protection.

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