Legal Definitions - fixed in a tangible medium of expression

The legal phrase "fixed in a tangible medium of expression" describes a fundamental requirement for a creative work to qualify for copyright protection. It means that an original creative work must exist in a stable, physical form that can be perceived, reproduced, or otherwise communicated to others. This requirement ensures that copyright protects the expression of an idea, rather than the idea itself, which remains free for anyone to use.

The "tangible medium" ensures the work is not fleeting or ephemeral, but rather embodied in something concrete, whether physical or digital. This allows the work to be preserved, shared, and referenced, making it possible to determine if someone has copied it.

• Software Code: Imagine a software developer who conceives a brilliant new algorithm for a mobile application.

  The developer's initial idea for the algorithm, while innovative, is not eligible for copyright protection while it remains solely in their mind. However, once the developer writes the actual lines of code, saves them as a file on a computer, and compiles them into a functional program, that code becomes "fixed in a tangible medium of expression." The digital file on the hard drive or the compiled program itself constitutes the tangible medium, and the code is fixed because it exists in a stable form that can be read, executed, copied, and distributed.

• Choreographed Dance Routine: Consider a choreographer who devises a unique and intricate dance sequence for a stage performance.

  The choreographer's mental vision of the dance, or even a live, unrecorded performance, is not considered "fixed" for copyright purposes because it is fleeting. However, if the choreographer records the entire dance routine on video, writes it down using a recognized dance notation system (like Labanotation), or creates a detailed sequence of still photographs illustrating the movements, the dance becomes "fixed in a tangible medium of expression." The video recording, the written notation, or the photographic series serves as the stable, perceptible form of the dance, making it eligible for copyright protection.

• Architectural Blueprints: An architect designs an innovative new building with a distinctive structural and aesthetic layout.

  The architect's initial concepts, preliminary sketches, and mental images of the building are not copyrightable. But once these ideas are translated into detailed architectural blueprints, technical drawings, or a physical scale model, they become "fixed in a tangible medium of expression." The paper blueprints, digital CAD files, or the physical model are stable forms that clearly express the architect's design, allowing it to be perceived, studied, reproduced, and built from, thus meeting the requirement for copyright protection.