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Copyright law does not protect ideas, facts, names, titles, short phrases, methods, or works that have not been fixed in a tangible medium. Under 17 U.S.C. § 102(b), copyright protection applies to original expression rather than the underlying ideas, procedures, systems, or concepts.
Copyright law covers a broad range of expressive works. However, some materials do not qualify for copyright protection under federal copyright law. Understanding these exclusions can help businesses determine which materials qualify for copyright protection and which may require other forms of intellectual property protection.
Are Ideas, Concepts, and Facts Protected by Copyright?
Copyright law protects an original expressive work fixed in a tangible medium, such as through writing or recording a work (including in a digital medium). That expressive work must also contain at least a minimal degree of creativity.
Copyright law does not protect a general concept or idea. For example, a person cannot obtain a copyright for the basic premise of a story, such as a warrior or unexpected hero on a journey to defeat a great evil or obtain a treasure. However, a story based around those narrative beats, including developed characters and a description of what happens to them, may qualify for copyright protection based on its original expression.
Furthermore, parties cannot copyright facts, historical information, or other data, such as dates of historical events or scientific principles. However, a party can incorporate facts into a copyrightable work, such as an encyclopedia or textbook. In Feist Publications, Inc. v. Rural Telephone Service Co., 499 U.S. 340 (1991), the U.S. Supreme Court confirmed that facts themselves are not copyrightable, although an original selection or arrangement of facts may qualify for protection.
Can You Copyright Names, Titles, and Short Phrases?
A work must have some original creative expression beyond a name, title, or short phrase. For example, while a party can copyright an extremely brief poem if it contains sufficient original authorship, they cannot copyright a slogan or brand name.
Instead, brand names or short slogans may qualify for trademark protection, as parties typically use such names and slogans to identify the source of a product or service available for sale rather than as an artistic expression. However, advertising “jingles” can fall under copyright protection, although a specific advertising slogan used in a jingle may also qualify for trademark protection.
For businesses, this distinction matters when protecting brand names, product slogans, logos, and marketing materials. A logo’s original artwork may qualify for copyright protection even when the words within it do not.
Are Government Works Protected by Copyright?
Under 17 U.S.C. § 105, copyright protection is generally unavailable for works prepared by officers or employees of the U.S. federal government as part of their official duties. However, this rule does not automatically extend to all works created by state and local governments.
Federal statutes, regulations, and judicial opinions are generally not protected by copyright. The Supreme Court has also recognized a government edicts doctrine that excludes certain official legal materials from copyright protection, including judicial opinions and legislative materials created by officials acting in their lawmaking capacity.
However, state and local government materials require closer examination. Some government-created publications and other works may remain protected, depending on their authorship and applicable law.
What Works Are in the Public Domain?
Under copyright law, works with a copyright eventually pass into the “public domain” once their copyright expires. Some materials are never protected by copyright, while others enter the public domain when their copyright expires or when certain historical requirements were not satisfied. Publication alone does not make a work part of the public domain.
For many works first published in the United States before 1978, copyright duration depends on the publication date and whether the owner complied with the copyright requirements that applied at the time. Many qualifying works published between 1931 and 1977 may receive protection lasting 95 years from publication. As of 2026, works published in the United States before 1931 are generally in the public domain.
For works created on or after January 1, 1978, copyright generally lasts for the author’s lifetime plus 70 years. Different rules apply to anonymous works, pseudonymous works, and works made for hire. Copyrights for works made for hire (which must meet specific statutory requirements) last for 95 years from the year of first publication or 120 years from the year of creation, whichever expires first.
Modern U.S. copyrights do not require periodic registration renewal to remain valid. However, some older works entered the public domain because their owners failed to comply with historical notice or renewal requirements. Once a work passes into the public domain, it loses copyright protection and may generally be copied or used without permission under U.S. copyright law. However, trademark rights, contractual restrictions, and other legal considerations may still apply in certain circumstances.
Are Functional Content and Recipes Copyrightable?
Functional or practical works may not qualify for copyright protection. For example, a person cannot copyright the underlying ingredients or basic preparation instructions for a dish or baked goods recipe. However, some functional content may become part of a copyrighted work, such as when a person compiles recipes and adds them to introductory or explanatory text in a cookbook.
A cookbook’s original photographs, illustrations, commentary, and creative arrangement may qualify for copyright protection even when the individual ingredient lists and cooking methods do not. Similarly, copyright generally does not protect the underlying methods, procedures, or systems described in instructional materials. Those methods may be eligible for other forms of intellectual property protection, depending on their nature.
What Other Materials Cannot Be Copyrighted?
The U.S. Copyright Office also identifies several other categories of material that generally do not qualify for copyright protection, including familiar symbols, simple geometric shapes, blank forms designed to record information, and basic variations of lettering or coloring.
For example, a standard blank invoice or a simple geometric symbol typically lacks the original creative expression required for copyright protection. However, sufficiently original artwork incorporating familiar elements may still qualify.
Businesses should evaluate whether a particular asset is better protected through copyright, trademark, patent, or trade secret law.
Are Unrecorded or Unwritten Works Protected by Copyright?
Finally, copyright protection does not extend to creative work that is not yet fixed in a tangible medium. For example, a person may have a detailed fictional story complete with dialogue in their head. However, until that person writes the story down or otherwise records it in a sufficiently permanent form, they have no copyright protection, in the unrecorded expression. The underlying ideas also remain outside copyright protection.
Live or improvised performances may also lack copyright protection if they are not fixed in a tangible medium. However, a recording of such a performance can have a copyright. Live or improvised performances may also lack copyright protection if they are not fixed in a tangible medium. However, a recording of such a performance can have a copyright.
Under 17 U.S.C. § 101, a work is considered fixed when it is embodied in a sufficiently permanent or stable form to be perceived, reproduced, or communicated for more than a transitory duration.
Contact a Copyright Lawyer Today
If you have questions about what you can or cannot copyright, talk to an experienced Texas intellectual property attorney from Sul Lee Law Firm PLLC.
Our Dallas copyright protection attorneys assist businesses with evaluating copyrightable materials, protecting original works, and addressing intellectual property concerns.
Contact us today for an initial consultation with a copyright lawyer to discuss your rights and options.