protection is a legal right that grants exclusive ownership and control over original works of authorship. In order to obtain copyright protection, certain legal requirements must be met. These requirements vary depending on the jurisdiction, but there are some general principles that apply in most countries.
Originality
The work must be original, meaning it must be independently created by the author and possess a minimal level of creativity. It should not be a mere copy or imitation of someone else’s work.
Fixation
The work must be fixed in a tangible medium of expression. This means that it must be recorded or saved in a physical or digital form that can be perceived, reproduced, or communicated for a period of time. Examples of fixation include writing a book on paper, saving a digital photograph on a computer, or recording a song on a CD.
Expression of Ideas
Copyright protects the expression of ideas, not the ideas themselves. This means that the work must be in a concrete form, such as a written text, a painting, a photograph, a sculpture, a musical composition, or a computer program.
Minimal Creativity
The work must possess a minimal level of creativity, which means it should involve some originality or personal judgment from the author. However, this requirement is generally quite low, and even a small amount of creativity can satisfy it.
Independent Creation
The work must be independently created by the author and not copied from someone else’s work. It should reflect the author’s own intellectual effort and not be a result of copying or plagiarism.
Nationality or Residence
In most countries, copyright protection is granted to works created by nationals or residents of that country. However, many countries also provide protection to foreign works under international copyright treaties and conventions.
Formalities
While many countries have abolished formalities like registration or notice requirements, some jurisdictions still require certain formalities to be fulfilled for copyright protection. These may include registering the work with a copyright office or affixing a copyright notice to the work.
It is important to note that copyright protection is automatic and arises as soon as a work is created and fixed in a tangible medium. However, registering the work with a copyright office can provide additional benefits, such as the ability to sue for infringement and claim statutory damages.