A lawyer is a person who writes a 10,000-word document and calls it a 'brief'.

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Legal Definitions - uncopyrightable

LSDefine

Definition of uncopyrightable

Uncopyrightable describes a work or creation that cannot receive legal protection under copyright law.

This typically occurs for two main reasons:

  • The work lacks sufficient originality or creativity. Copyright law protects original expressions, not common facts, simple phrases, or basic designs that are too generic.
  • The work is an abstract idea, concept, system, or process, rather than a fixed, tangible expression of that idea. Copyright protects the specific way an idea is expressed, not the idea itself.

Here are some examples:

  • Imagine a chef creates a new recipe for a chocolate cake. While the specific written instructions, unique ingredient combinations, and descriptive text in their cookbook might be copyrightable, the mere list of ingredients for a standard chocolate cake (e.g., flour, sugar, eggs, cocoa powder) is generally uncopyrightable. This is because a simple list of common ingredients lacks the necessary originality and creative expression required for copyright protection.

  • Consider the concept of a mobile application that allows users to share short video clips with friends. This underlying idea or functionality is uncopyrightable. However, the specific software code, unique user interface design, original graphics, and any accompanying written content developed for a particular app that implements this concept could be eligible for copyright protection, as these are specific expressions of the idea.

  • A universally recognized mathematical formula, such as the Pythagorean theorem (a² + b² = c²), is uncopyrightable. This is because it represents an abstract concept and a fundamental truth, not a creative expression. While a textbook author's unique explanation, diagrams, and examples illustrating the theorem would be copyrightable, the formula itself remains in the public domain, free for anyone to use.

Simple Definition

Uncopyrightable describes a work that is ineligible for copyright protection. This typically occurs because the work lacks originality or because it is an idea, concept, or process rather than a fixed, creative expression.

A 'reasonable person' is a legal fiction I'm pretty sure I've never met.

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