5 Things You Can't Copyright

In order to qualify for copyright protection, an original creative work must exist in tangible form—in other words, written down or in a form you can touch.

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5 things you cant copyright

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Updated on: July 31, 2024
Read time: 3 min

So you've written the next hit song, crafted a slogan to sell millions, and even come up with a recipe that puts Iron Chef to shame—the question is, can you copyright them? Learn the five surprising things that you can't copyright (and what you can).

fashion-designers-cutting-pattern

According to the US Copyright Office, in order for something to qualify for copyright protection, that something must exist in a tangible form. Specifically:

Protection under the copyright law (title 17 of the U.S. Code, section 102) extends only to original works of authorship that are fixed in a tangible form (a copy).

“Original” means merely that the author produced the work by his own intellectual effort, as distinguished from copying an existing work.

Copyright protection may extend to a description, explanation, or illustration, assuming that the requirements of the copyright law are met.

In other words, that great idea you told your friend about the other day cannot be protected by copyright in and of itself, but if you write that great idea down, the words can be protected.

Still, there's always room for interpretation, confusion, and ongoing debates over what is and isn't protected by copyright law.

So below we've outlined five things the U.S. Copyright Office clearly states are not protected by copyright—even if they are a tangible expression of an idea or thought.

1. Ideas, methods, or systems

Ideas, methods, and systems are not covered by copyright protection.

According to the U.S. Copyright Office, Circular 2, this covers quite a few things including:

  • Making or building things
  • Scientific or technical methods or discoveries;
  • Business operations or procedures
  • Mathematical principles
  • Formulas, algorithms
  • Any other concept, process, or method of operation

2. Commonly known information

This category includes items that are considered common property and with no known authorship.

This includes phrases such as “The sky is blue,” which have no known authorship associated with them.

Other examples include:

  • Standard calendars
  • Height and weight charts
  • Telephone directories
  • Tape measures and rulers
  • Lists or tables taken from public documents 

3. Choreographic works

A choreographic work, whether original or not, is not subject to copyright protection unless it has been videotaped or notated.

The same applies to speeches that have not been transcribed before or after they are given, as well as any other types of performances.

4. Names, titles, short phrases, or expressions

That catchy slogan you came up with for your business? No dice on a trademark.

The good news is that while not protected by copyright, if it pertains to your business (for example, goods and services), it can be protected with a trademark.

Also exempt:

  • Names
  • Titles
  • Short phrases or expressions
  • Product descriptions
  • Pseudonyms
  • Titles of works
  • Business names 

Recipes also fall under this category. Specifically, the listing of ingredients (even if it's your own recipe ingredients) is not protected by copyright.

This applies to formulas, compounds, and prescriptions as well.

There are exceptions, however, such as when recipes are compiled in a cookbook. Or if the recipe is accompanied by “substantial literary expression," or a specific combination of recipes, there may be a basis for copyright protection.

5. Fashion

Contrary to what you might think, fashion (that is, a shirt, dress, or another article of clothing) is not protected by copyright law.

Despite the fact that copyright law protects such things as architectural design works (Circular 41) or works of the visual arts (Circular 40), fashion is all about clothing and accessories, which under copyright law are considered “useful articles."

It is possible, however, to copyright a specific fabric pattern (Burberry plaids for example), but not the actual dress.

And, it should be noted that while designs can't be copyrighted, they can be patented.

For more information please visit: U.S. Copyright Office, or click here to copyright your creation today.

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This article is for informational purposes. This content is not legal advice, it is the expression of the author and has not been evaluated by LegalZoom for accuracy or changes in the law.

55 days ago
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NORINA PURRO
56 days ago
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Happy customer

Ms. Green, was very helpful in assisting me step-by-step in guiding through the process in getting my copyright application. She was patient and very polite. She offered to follow-up on my completed, make sure the process was successful.

Ayesha
62 days ago
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Superior Customer Service

Superior customer service and expertise from Patti Green. I have a urgent need for an attorney consultation regarding state level copyright law. Ms. Green quickly and seamlessly steered me to the plan which affords this service. The consult was immediately scheduled for the next day. To say the least, this experience was exemplary.

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67 days ago
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Copyright registration

Karen helped me immensely during my copyright registration. Very patient. Carrie was alos very good over there.

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111 days ago
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So far whenever I have tried to work…

So far whenever I have tried to work with Legal Zoom it has been a great experience. Both Holly and Denise have helped to make my tour of the legal process for a copyright excellent and I now have my copyright in my hands. I might add that I am amazed I got it under the oligarchy at all after doge got done.

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105 days ago
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Great Copyright Registration Experience

Walked me through the process to register my copyright. Made everything quick and easy!

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124 days ago
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Your expertise and knowledge of my…

Your expertise and knowledge of my questions regarding my copyright I applied for was nothing less than stellar!

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151 days ago
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Time and clarity

Thank you for your time and clarity explaining items from my behalf in regards to Copyright material. I also appreciate the no queue waiting on line when I called. I do recommend you.

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159 days ago
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Elizabeth was AMAZING!!!

Elizabeth was AMAZING!!!, She walk me thru the whole copyright process. Thank you

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167 days ago
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Very responsive and was able to answer…

Very responsive and was able to answer my questions about Copyright options quickly and professionally.

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322 days ago
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Great customer service

Great customer service! The LegalZoom representative showed genuine care. She followed up on my Copyright Order, and remembered me and my name from the previous Copyright phone call. She was very helpful and represented LegalZoom with excellence. Thank you for hiring, and retaining such a talented energetic representative.

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563 days ago
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Legal Zoom Delivers On Their Promises!

Legal Zoom is professional, accommodating, and gracious. We went to them for copyright help, and true to their promise, we accomplished this endeavor in 30 minutes. EASY!! What a fresh breath of air to find a company that delivers exactly what they say they will! We'll be a Legal Zoomers for life!

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1201 days ago
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1308 days ago
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Legal Zoom performance is exceptional

Legal Zoom his handled four copyright applications for me and they are exceptional.

C Robert Cales
1585 days ago
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Copyright application

I am a new author and am filing copyright for my manuscript. My experience with LegalZoom has been very successful and a pleasure. The associate was knowledgeable and a pleasure to work with. I would recommend this service.

DJS
1745 days ago
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