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Legal Definitions - work of authorship

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Simple Definition of work of authorship

A "work of authorship" refers to an original intellectual creation, such as a literary, musical, or artistic work, that is fixed in a tangible medium of expression. This term is central to copyright law, as it defines the types of creations eligible for legal protection.

Definition of work of authorship

A work of authorship refers to an original intellectual creation that is fixed in a tangible medium of expression. This means it is something a person has created using their own creativity and intellect, and it exists in a form that can be perceived, reproduced, or communicated, either directly or with the aid of a machine or device. These works are generally eligible for copyright protection, provided they meet criteria such as originality and a minimal level of creativity.

Examples of a work of authorship include:

  • A freelance journalist writes an investigative article about local government corruption, which is then published in a newspaper and online.

    This illustrates a work of authorship because the article is an original creation of the journalist's intellect and research, expressed in words. It is "fixed" in a tangible medium when it's printed in the newspaper or saved as a digital file for online publication.

  • A sculptor creates a unique bronze statue depicting a mythological creature.

    This demonstrates a work of authorship because the statue is an original artistic creation, embodying the sculptor's unique vision and skill. It is "fixed" in a tangible medium as a physical, three-dimensional object.

  • A team of software engineers develops a new algorithm and writes the corresponding code for a groundbreaking artificial intelligence program.

    This exemplifies a work of authorship because the algorithm and its implementation in code are original intellectual creations. The code is "fixed" in a tangible medium when it is saved in computer files and compiled into a functional program.

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