Eps 71 - The Copyrightability Series–Part 1: Delving into the Elements of Originality and Independence
In this new series, we'll tackle the ins and outs of copyright law and what it takes for a work to be considered copyrightable.
Drawing from real-life experiences and legal expertise, This episode brings clarity to the complex topic of originality.
Discover how the US Supreme Court's definition of originality factors into independence and creativity. Learn about the minimal degree of creativity required for a work to be considered copyrightable.
Key Takeaways from this Episode: 🔍
1️⃣ Originality and Creativity: In order for a work to be copyrightable, it must be independently created without directly copying or adapting from another source, and possess at least some minimal degree of creativity. It's not about how unique or innovative the work is, but rather how it's expressed.
2️⃣ What Doesn't Meet the Threshold: There are several examples of works that do not meet the minimum level of creativity required for copyright protection. Examples include mechanical recordings (e.g. dash cam footage), lists of ingredients and instructions for recipes, common geometric shapes or familiar symbols, and works consisting of commonly known information or facts.
3️⃣ Unconscious Copying and Ambient Influence: If you're working in a niche with influential voices, it's important to be mindful of subconscious copying or ambient influence. Though unintentional, unconscious copying can still lead to copyright infringement. Being aware of your influences and making sure you have your own voice can help maintain the originality of your work.
🔗 Dive into the full episode and get expert insights on copyrightability by tuning in to the Hourly to Exit Podcast. Don't forget to check out our sponsors at Think Beyond IP for valuable resources on building sustainable revenue streams through intellectual property.
Stay tuned for the next episode, where we'll explore derivatives and adaptations!
Connect with Erin to learn how to use intellectual property to increase your income and impact. hourlytoexit.com/podcast.
Erin's LinkedIn Page: www.linkedin.com/in/erinaustin/
Think Beyond IP YouTube Page: www.youtube.com/channel/UCVztXnDYnZ83oIb-EGX9IGA/videos
Favorite Excerpt
As always, podcast episodes provide general information only. So if you have specific copyright questions, I strongly urge you to consult with your IP attorney. If you aren’t sure where to start, contact me for a consultation.
Music credit: Yes She Can by Tiny Music
A Team Dklutr production
For a full transcription of this episode, click here.