Literary Works

Definition

Literary works are original creative writings, such as books, poems, plays, and other forms of written expression, that are protected by copyright law. They are a key category of copyrightable subject matter, encompassing a wide range of creative and expressive works that convey ideas, emotions, and narratives through the written word.

5 Must Know Facts For Your Next Test

1. Literary works are one of the primary categories of copyrightable subject matter, along with other types of creative works like music, visual arts, and software.
2. Copyright protection for literary works extends to the expression of ideas, but not the underlying ideas themselves, allowing for the free exchange and development of concepts.
3. The threshold for originality in literary works is relatively low, as even a modest amount of creativity in the selection and arrangement of words can satisfy the originality requirement.
4. Literary works can take many forms, including novels, short stories, poems, plays, scripts, and even computer programs, as long as they are original and fixed in a tangible medium.
5. The duration of copyright protection for literary works in the United States is generally the life of the author plus 70 years, providing a balance between rewarding creators and allowing for public access and use.

Review Questions

• Explain how the concept of originality applies to literary works in the context of copyright law.
  • For a literary work to be eligible for copyright protection, it must meet the requirement of originality. This means that the work must be the product of the author's independent creation, rather than being copied or derived from other sources. The threshold for originality is relatively low, as even a modest amount of creativity in the selection and arrangement of words can satisfy this criterion. As long as the literary work is not a verbatim copy of another work and exhibits a minimal level of original expression, it can be considered an original work and granted copyright protection.
• Describe the role of fixation in the context of literary works and copyright law.
  • In addition to originality, literary works must also be fixed in a tangible medium of expression to be eligible for copyright protection. This means that the work must be recorded or embodied in a physical form, such as being written down on paper, stored in a computer file, or recorded in audio or video format. The fixation requirement ensures that the work can be perceived, reproduced, and communicated to others, which is a key aspect of copyright law. Without fixation, a literary work would not be considered a copyrightable subject matter, as it would lack the necessary stability and permanence to be protected by copyright.
• Analyze the balance between rewarding creators and allowing for public access and use in the context of the duration of copyright protection for literary works.
  • The duration of copyright protection for literary works in the United States is generally the life of the author plus 70 years. This extended period of protection is intended to provide an incentive for authors to create new works by allowing them to benefit financially from their creations for a significant amount of time. However, this protection is not indefinite, as the public domain eventually claims these works, allowing for their free use and further development by others. This balance between rewarding creators and allowing for public access and use is a fundamental aspect of copyright law, as it seeks to strike a compromise between promoting the progress of science and the useful arts, while also ensuring that the public can freely build upon and build off of existing literary works over time.

Related terms

Copyright:

The exclusive legal right granted to the creator of an original work to reproduce, distribute, display, perform, or make derivative versions of that work for a limited period of time.

Originality:

The requirement that a work be the product of independent creation by the author, rather than copied from other sources, in order to qualify for copyright protection.

Fixation:

The requirement that a work be embodied in a tangible medium of expression, such as being written down or recorded, in order to be eligible for copyright protection.