Legal Definitions - sweatwork

Sweatwork refers to a collection or compilation of factual information that, despite the significant effort or "sweat of the brow" invested in gathering and organizing it, does not qualify for copyright protection under U.S. law.

This legal concept arises because copyright protects original works of authorship, not the underlying facts themselves. For a compilation of facts to be copyrightable, there must be a minimal level of creativity in the selection or arrangement of those facts. If the selection or arrangement is too obvious, mechanical, or unoriginal (for example, a simple alphabetical or chronological listing), the compilation is considered "sweatwork" and is therefore not eligible for copyright protection.

• Example 1: A Basic Phone Directory

  Imagine a simple, publicly available phone directory that lists residents' names, addresses, and phone numbers in alphabetical order. While compiling such a directory requires considerable effort to gather and verify all the data, the individual pieces of information (names, addresses, phone numbers) are facts and not copyrightable. Furthermore, arranging them alphabetically is a standard, non-creative method. Therefore, the entire directory would likely be considered "sweatwork" and would not receive copyright protection, even though a lot of labor went into creating it.

• Example 2: A Chronological List of Historical Events

  Consider a website that presents a straightforward list of major historical events, such as "1776: Declaration of Independence," "1865: End of the Civil War," and "1969: Moon Landing," organized strictly by date. The historical events and their dates are factual information in the public domain. Arranging them in simple chronological order is a common and unoriginal method of organization. Even if the compiler spent many hours researching and verifying these dates, the resulting list would be classified as "sweatwork" because it lacks the necessary creative selection or arrangement to qualify for copyright.

• Example 3: A Comprehensive List of Publicly Traded Stock Symbols

  Suppose a financial data provider creates a database containing every publicly traded company's stock ticker symbol, listed alphabetically by company name. The stock symbols and company names are factual data. Listing them alphabetically is a purely mechanical and unoriginal arrangement. Despite the immense effort involved in collecting and maintaining such an extensive and accurate list, the compilation itself would be deemed "sweatwork" and would not be eligible for copyright protection due to the lack of creative selection or arrangement.