Copyright is one of the most widespread forms of intellectual property protection. It exists across most jurisdictions and generally applies to literary, artistic, musical, cinematographic works, etc. However, for a work to qualify for copyright protection, it must meet specific requirements. Thus, this article will discuss the two core principles that copyrighted works adhere to originality and fixation.
Originality
As the name suggests, this principle simply states that a work must be original to qualify for copyright protection. In essence, the work cannot simply be a copy of another. Generally, works are considered original when they are independently created by a person and have some degree of creativity.
It is essential to clarify that works can still be considered original, even if they are derivative of another work to some degree. For instance, a song that samples aspects of the production of another song would likely still be copyrightable. Thus, unlike patents, copyright works are not necessarily required to be novel.
Fixation
Fixation means that work is expressed in a tangible form. A tangible form could be a written work, a recording, a video, or any other form that is sufficiently permanent to be perceived, reproduced, or communicated for more than a short period.
The effect of the fixation requirement is that copyright law would not protect ideas yet to be expressed. For instance, a plotline for a novel that exists only in the author’s mind is not copyrightable. However, once this idea is expressed through writing or some other tangible form, it instantly becomes a copyrightable work.
Final Thoughts
The two copyright principles of originality and fixation are necessary for two reasons. First, to ensure that copyrighted works have some level of creative effort. Second, to ensure that these works can be demonstrated by evidence if required. Nonetheless, these requirements are pretty easy to satisfy and, as such, do not constitute an obstacle for most creators.
