Let’s Talk about What Can’t Be Copyrighted

Two years ago, when I revised my book, In the Company of Elves, CreateSpace, the publishing company, informed me to show proof that the book in question is in fact my personal work. I was beside myself. Of course there wasn't a problem. They just wanted me to show them proof of copyright. 

I copyrighted the original book back in 2009 long before I revised it. I had no problem sending poof, however after finding out that another author, had published a book under the same name and she or should I say someone who she knows, complained-- I was irked! 

The author passed away back in 2015, that is what was posted but her sister in law or someone who is in charge of her written work really should have done their research. 

I am the original author who thought up the title, In the Companyof Elves, many years ago. But as I had mentioned in my book, The Other Sideof Things Part 1, you cannot copyright titles. Below is a list of what can’t be copyrighted. This is for the people who get triggered over seeing their name or title in a book. If your name is Julie or Vic and you see it in a book, remember the names are common and can be used.

There are many things that cannot be copyrighted, they either don’t fall under the jurisdiction of copyright or don’t qualify for its protection. There are also exemptions and that place some content immediately into the public domain. So, if you’re wondering about the things you can’t copyright, here is a short list of five of the more important ones.

Public domain images, written work, et cetera: 
Is in reference to creative materials such as patent drawings that are not protected by copyright, trademark, patent, or any other intellectual property laws. A public-domain work can be used without cost. The written work or image has not been copyrighted.

Titles and Names

Copyright protection does not extend to titles, names, slogans or short phrases, the Copyright Office has made that very clear. You cannot copyright your name, the title of your post or any short phrase that you use to identify a work. The reason is that copyright is designed to protect works of creative authorship, it is not designed to protect how that work is identified in the marketplace, the same goes for people and places. Furthermore, such short phrases rarely meet the requisite level of creativity to be considered for copyright protection.

Caveat: Titles may not be copyrighted.

Recipes: 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 for instance or if the recipe is accompanied by “substantial literary expression,” a term that refers to text such as directions, or when there is a combination of recipes, there may be a basis for copyright protection.

Ideas: Ideas, methods, and systems are not covered by copyright protection, because they are not fixed into a tangible medium of expression.  For a work to be copyrighted, it has to be written down, saved to a hard drive or somehow otherwise fixed. For example, if you give a speech but fail to write it down first and it isn’t recorded, there is no copyright protection. Likewise, if you tell an idea to a friend, you don’t receive copyright protection if they run with it and use it for themselves, that is, unless you write it down. However, even ideas that are fixed do not receive protection in and of themselves. Rather, it is the expression of the idea that is protected.

Commonly Known Information: This category includes items that are considered common property and with no known authorship. Examples, include standard calendars, height and weight charts, telephone directories, tape measures and rulers, and lists or tables taken from public documents. A phrase such as “The sky is blue” also falls under this category since there is no known authorship associated with it.

Fashion: Contrary to what you might think, fashion (that is, a shirt, dress, or other 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. It should be noted that while designs can't be copyrighted, they can be patented.

Protected by the First Amendment

Expressive Use: Using someone’s name, image or life story as part of a novel, book, movie or other “expressive” work is protected by the First Amendment, even if the expressive work is sold or displayed. Therefore, using a person’s life story as part of a book or movie will not be deemed a misappropriation of the Right of Publicity.

 NOTE: I’ve never used an actual person’s life story, but I grant permission if someone wanted to write about me, after my death. By that time, I’ll be dead and won’t really care except maybe my children or grand-children. Of course, it depends on the content of the written work.

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