What Can You Copyright?

Once you understand what copyright is, the next big question is what can you copyright in practice.

The short answer: you can copyright original works of authorship that are fixed in some kind of tangible medium. That includes books, music, software, videos, photographs, and many other types of content — as long as they show a minimal level of creativity and are recorded in some way.

This guide walks through what can be protected under copyright, where the line is drawn with ideas, and how things work for software, digital content, and AI-assisted creations.

1. The Basic Rule: Original + Fixed

Before looking at categories, it helps to remember the core test.

You can copyright a work when it is:

1. Original

   • Created by you (not copied from someone else).
   • Shows at least a small amount of creativity (the bar is low).

2. Fixed in a tangible medium

   • Written down, saved as a file, recorded, filmed, drawn, etc.
   • Can be perceived, reproduced, or communicated for more than a fleeting moment.

If a work is only in your head, there is no copyright yet. Protection starts when your expression is actually fixed.

2. What Works Are Eligible for Copyright?

You can copyright any original work of authorship that is fixed in a tangible medium. Here's what can be protected by copyright:

• Written works: Books, articles, blogs, software code
• Creative works: Music, art, photography, films
• Digital content: Websites, apps, online videos, podcasts
• Architectural works: Building designs and blueprints

Compilations and Derivative Works

You can also copyright certain derivative and compiled works, for example:

• Translations and adaptations of existing works
• Anthologies and curated compilations
• New editions with significant original content
• Remixes and arrangements that add creative elements

In these cases, copyright usually covers your original contribution, not the underlying material you don’t own.

3. At What Point Is an Idea Protected by Copyright?

One of the most common doubts is: “At what point is an idea protected by copyright?”

The key distinction is ideas vs. expression:

• Ideas, concepts, and facts are not protected.
• The way you express those ideas is protected.

Copyright law cares about how you express something — your exact words, images, code, music, structure — rather than the underlying concept.

Ideas vs. Expression: Practical Examples

Not protected (ideas only):

• “A detective story set on a spaceship.”
• “A productivity app that uses color-coded tasks.”
• “A course about starting an online business.”

Protected (once expressed and fixed):

• Your specific novel about that space detective.
• The source code and unique interface of your app.
• The scripts, slides, and videos for your course.

The Fixation Requirement in Practice

An idea becomes copyright-protected when you fix your expression in a medium, such as:

• Writing your story in a document or notebook
• Saving your illustration or design as a digital file
• Recording your song or podcast
• Filming your video or course
• Typing and saving your app’s source code

Not protected until fixed:

• Telling a friend your plot idea over coffee
• Improvising a melody that you never record
• Describing a painting you haven’t created yet

If you want copyright protection, don’t leave your best ideas only in your head or in casual conversation. Put them into a tangible form.

4. Software and Digital Creations

Modern creative work is often digital. The good news: digital format doesn’t reduce protection, it just changes the medium.

Is Software Protected by Copyright?

Yes. In most jurisdictions:

• Source code is protected as a literary work.
• Object code (compiled code) is also protected.
• Documentation, user interfaces, and some visual elements may also be protected if they are sufficiently original.

At the same time, some software-related innovations may also qualify for patent protection, but this is a separate question and depends heavily on jurisdiction and the nature of the invention.

Open Source and Licensing

Even open-source projects rely on copyright:

• You (or your company) generally own the copyright in the code you write.
• The license (GPL, MIT, Apache, etc.) sets the conditions under which others may use, modify, and distribute that code.
• Derivative works must comply with the original license terms.

Copyright gives you the baseline control; the license is how you choose to share it.

Digital-Only Works

You don’t need a physical copy for protection. Copyright can protect:

• E-books that are never printed
• Online-only articles and blog posts
• Digital courses and webinars
• Social media content, posts, and threads
• Digital artwork, NFTs’ underlying images or media (not the token itself)

As long as the work is original and fixed, digital format is enough.

5. AI-Generated Content: What Can You Protect?

AI has created new questions about what you can copyright when algorithms are involved.

Most legal systems currently follow a simple principle:

• Purely machine-generated works with no meaningful human creativity are generally not protected by copyright.
• Works where a human provides substantial creative input may be protected to the extent of the human contribution.

When Is AI-Assisted Work Likely Protectable?

More likely to be protected:

• You use AI as a tool, but make significant creative choices (planning, selection, editing, rewriting, compositing).
• You substantially modify or curate the AI output into a final work.
• The final result clearly reflects your personal style or judgment.

Less likely to be protected:

• You type a simple prompt and post the raw output.
• Your role is limited to choosing among auto-generated options without further creative input.
• The AI system operates independently with minimal human direction.

For a deeper dive into this topic, see: Copyright & AI-Generated Content.

6. What Copyright Does Not Cover

Knowing what you cannot copyright is just as important as knowing what you can.

Generally not protected by copyright:

• Ideas, methods, systems, processes
• Facts, news, and data
• Names, titles, and short phrases (often trademark territory)
• Purely functional or technical designs
• Works that have fallen into the public domain
• Most works created entirely by non-human entities (e.g. autonomous AI)

You may need other IP tools (patents, trademarks, trade secrets) to protect these aspects.

7. What to Do If Someone Copies Your Work

If someone uses your work without permission, you do have options. Common steps to protect your copyright include:

1. Document the infringement

   • Take screenshots and save URLs.
   • Note dates and locations where the content appears.

2. Check your own rights and evidence

   • Keep drafts, original files, or timestamps that prove authorship.
   • If the work is registered, keep copies of your certificates.

3. Send a takedown or cease-and-desist notice

   • On online platforms, use built-in reporting or DMCA-style takedown tools when available.
   • For more serious cases, consider a formal letter drafted by a specialist.

4. Consider negotiation or licensing

   • In some cases, you may prefer to turn an infringement into a paid license.

5. Get legal advice

   • If the damage is significant or the situation is complex, consult an IP professional in the relevant country.

For valuable works, copyright registration can make enforcement faster and more effective. You can learn more about that here: Copyright Registration Services.

8. Bringing It All Together

To summarize what you can copyright:

• You can protect original, creative works that are fixed in a tangible or digital medium.
• Copyright covers the expression, not the underlying idea.
• It applies to a wide range of content: text, music, images, software, audiovisual works, compilations, and more.
• Digital and AI-assisted creations can be protected, as long as there is real human creativity and clear fixation.

If you combine this article with our guide on What is copyright?, you’ll have a solid understanding of how copyright protects your work and where its limits are, so you can make better decisions about creating, sharing, and enforcing your intellectual property.