Copyrightable subject matter

The subject matter eligible for protection under the 1976 Copyright Act is set forth in Section 102(a):


 * Copyright protection subsists . . . in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device.

From this provision, the courts have derived three basic requirements for copyright protection &mdash; originality, creativity and fixation.

The requirements of originality and creativity are derived from the statutory qualification that copyright protection extends only to "original works of authorship." To be original], a [[work merely must be one of independent creation &mdash; i.e., not copied from another. There is no requirement that the work be novel (as in patent law), unique or ingenious. To be creative, there must only be a modicum of creativity. The level required is exceedingly low; "even a slight amount will suffice."