Copyright law protects original works of authorship that are fixed in a tangible medium of expression. For a work to be copyrightable, it must meet two key criteria: originality and fixation.
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Originality: The work must be the result of independent creativity and exhibit a minimal degree of creativity. If a work is not original—meaning it is a copy of another work or lacks any substantial creative expression—it does not qualify for copyright protection.
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Fixation: A work must be fixed in a tangible medium of expression, such as being recorded, written down, or otherwise captured in a form that can be perceived, reproduced, or communicated. If a work is not "fixed" (i.e., it exists only in a transient form), it typically cannot be protected by copyright.
If a written work is determined to be not original and not in a fixed context, it generally falls outside the scope of copyright protection. This means that:
- Individuals may use, reproduce, or distribute the non-original work without violating copyright provisions, since there is no protected expression to infringe upon.
- However, this does not prevent the possibility of other forms of legal protection (such as trademarks or contracts) if applicable.
In summary, if a written work lacks originality and is not fixed, it is likely not protected by copyright law, allowing for free use and dissemination by others.
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