What Can You Copyright?

If you already understand what copyright is, the next question is what you can copyright in practice.

The answer depends on two things: the type of work you have created and whether it meets the applicable legal requirements. This guide focuses specifically on what can be protected by copyright, what characteristics a work must have, which parts of a creation may qualify, and what normally falls outside the scope of protection.

Copyright rules vary between countries, particularly in relation to registration, fixation, ownership, and AI-generated material. The principles below provide a general framework, but the requirements should always be checked in the jurisdiction relevant to your work.

What Can Be Protected by Copyright? Quick Reference

The table below provides a practical overview of what can generally be protected under copyright and where the main limitations arise.

Whether a particular creation qualifies will depend on the originality of the work, the elements being claimed and the law of the relevant country.

What Requirements Must a Work Meet for Copyright Protection?

Being a book, photograph, song or other recognized type of work is not always enough. The creation must also satisfy certain requirements.

1. It must be original

Originality generally means that the work was created independently rather than copied from someone else.

The work does not necessarily have to be innovative, groundbreaking or artistically exceptional. However, it must contain some original contribution from its author.

Two people could independently take photographs of the same building and each own copyright in their respective photographs. Copyright would protect the original creative choices reflected in each image, not the building simply because it appears in the photograph.

2. It must contain creative expression

Copyright protects the way an idea is expressed, not the idea itself.

Creative expression can appear in:

• The words selected by an author.
• The composition of an illustration.
• The melody and arrangement of a song.
• The framing and lighting of a photograph.
• The structure and dialogue of a script.
• The original code written for a program.
• The selection and arrangement of material in a compilation.

Very simple, common or purely mechanical elements may not contain enough authorship to qualify. A single word, basic geometric shape or routine layout will not normally receive the same protection as a more developed creative work.

3. It may need to be fixed in a medium

In the United States and a number of other jurisdictions, copyright protection requires the work to be fixed in a form that can be perceived, reproduced or communicated for more than a transitory period.

Examples of fixation include:

• Writing a story in a document or notebook.
• Saving an illustration as a digital file.
• Recording a song or podcast.
• Filming a performance.
• Saving source code.
• Photographing or recording a sculpture or temporary installation.

An unrecorded improvisation or an idea described only in conversation may not meet the applicable fixation requirement. However, fixation rules are not identical in every country and should not be treated as a universal requirement without checking the relevant law.

4. It must contain an identifiable human contribution

Questions about human authorship have become particularly important with AI-generated material.

The applicable rules are still developing, but purely machine-generated content may not qualify where no meaningful human authorship can be identified. When a person uses AI as a tool, protection may be available for the human-authored aspects, such as original writing, editing, selection, arrangement or modification.

Protection will depend on what the person actually contributed, not simply on the fact that an AI system was used during production.

5. The person applying must own or control the relevant rights

Ownership is separate from the question of whether the work itself is protected.

The author is often the initial copyright owner, but rights may instead belong to or have been transferred to:

• An employer.
• A client.
• A production company.
• A publisher.
• A company established by the creator.
• Another person or entity under a written assignment.

If the work incorporates pre-existing material, the applicant must also identify which elements are new and whether permission was required to use the underlying content.

Before registering a commercially valuable work, review employment agreements, contractor contracts, assignments and licences to confirm who owns the rights.

At What Point Is an Idea Protected by Copyright?

Strictly speaking, an idea itself is not protected by copyright. Protection applies to the original expression of that idea.

This is known as the idea–expression distinction:

• Ideas, concepts, systems and methods are not protected.
• The original words, images, code, music or other expression used to communicate them may be protected.

Practical examples

An idea that is not protected:

• A detective story set on a spaceship.
• An app that organizes tasks using different colors.
• A podcast where entrepreneurs discuss failed businesses.
• A course about starting an online shop.
• A painting depicting a city during a storm.

Expression that may be protected:

• The completed manuscript about the detective.
• The app’s original source code, graphics and written content.
• The recorded podcast episodes, scripts and artwork.
• The course videos, slides, exercises and written materials.
• The finished painting and its original composition.

Writing an idea down does not give you ownership of the underlying concept. It may, however, create copyright in the particular text, drawings or other material used to express it.

Two creators can therefore produce different works based on the same general idea without necessarily infringing each other’s copyright.

What Part of an Artwork Does Copyright Law Protect?

Copyright law can protect the original expressive elements created by the artist, which may include:

• The composition.
• The arrangement of visual elements.
• Original lines, forms and shapes.
• Creative combinations of colors.
• Details created by the artist.
• Original characters or graphic elements.
• The particular execution of the work.

It does not normally give the artist exclusive rights over:

• The general subject of the artwork.
• The underlying idea or message.
• An artistic style or genre.
• A technique or working method.
• Common symbols or basic shapes.
• Elements copied from the public domain.
• Facts or naturally occurring objects represented in the work.

For example, copyright in a photograph generally protects the photographer’s creative choices, not the subject shown in the photograph. Another photographer may photograph the same landscape or object, provided that they do not copy the protected expression of the first image.

Similarly, an artist cannot usually prevent everyone else from painting the same historical figure, using the same general genre or working in a broadly similar style.

What Types of Work Can You Copyright?

Copyright laws recognize several broad categories of creative work. The precise definitions vary by country, but protection commonly extends to the following.

Written and visual works

Books, articles, scripts, manuals, advertising copy and other original writing may be protected, as can paintings, illustrations, photographs, sculptures, digital artwork, graphic designs and textile patterns. Copyright covers the creator’s original expression, not the underlying facts, ideas, subjects or artistic style.

Music, recordings and audiovisual content

Musical compositions, lyrics, sound recordings, films, videos, animation and recorded performances may qualify for protection. Podcasts can also contain several protected elements, including recorded episodes, scripts, music and artwork. The name or general concept of a podcast is not normally protected by copyright and may instead require trademark protection.

Software, apps and websites

Copyright may protect original source and object code, documentation, written content, graphics and certain visual elements of an interface. It does not normally protect the underlying functionality, algorithm, system or business method.

Our guide to copyright for an app explains how these principles apply to mobile and web applications. Open-source software is also protected by copyright, although its licence determines how it may be used, modified and distributed.

Architecture and technical works

Depending on the jurisdiction, copyright may protect architectural plans, original building designs, maps, diagrams and technical drawings. Protection applies to the original graphic or architectural expression rather than to standard construction features, technical methods or factual information.

Compilations and derivative works

Anthologies, catalogues, databases and other compilations may be protected when the selection or arrangement of their contents is sufficiently original. The underlying facts or public-domain material remain outside that protection.

Translations, adaptations, arrangements and other derivative works may also qualify, but only their new original contribution is protected. If the source work is still protected, permission from its owner may be required.

How Does Copyright Apply to AI-Generated Content?

The copyright status of AI-generated content is evolving and varies between countries. A central question is whether the final work contains sufficient identifiable human authorship.

Protection may be more likely where a person:

• Writes or creates significant parts of the work independently.
• Makes substantial original edits.
• Selects and arranges material creatively.
• Combines generated and human-created elements.
• Uses the AI system as one tool within a broader creative process.

Protection may be less likely where the user enters a basic prompt and publishes the resulting output without meaningful creative modification.

Even where the final work contains protected human contributions, protection may extend only to those contributions rather than to every machine-generated element.

Our dedicated guide to copyright and AI-generated content examines these issues in more detail and is updated regularly.

What Copyright Does Not Protect

Copyright generally does not protect:

• Ideas and concepts.
• Facts, discoveries and data.
• Procedures, processes and methods.
• Systems and business methods.
• Mathematical concepts.
• Algorithms as abstract methods.
• Names, titles and short phrases.
• Slogans.
• Domain names.
• Common symbols and basic shapes.
• Artistic styles and techniques.
• Purely functional product features.
• Standard or routine layouts.
• Works in the public domain.
• Pre-existing material owned by another person.
• Material that lacks the required human authorship.

Some of these elements may be protected through other mechanisms.

For example:

• Names and logos may qualify for trademark protection.
• Technical inventions may qualify for patents.
• Product appearance may qualify for industrial design protection.
• Confidential processes or business information may be protected as trade secrets.

Choosing the correct form of protection depends on the particular element you want to control.

Can Every Copyrighted Work Be Registered?

Copyright protection and copyright registration are not the same thing.

Under the Berne Convention framework, copyright protection generally arises without requiring registration or another formality. However, some countries offer official registration or deposit systems that can provide evidentiary or procedural advantages. The World Intellectual Property Organization explains this distinction and recommends checking the rules of the relevant national office.

Registration systems differ considerably:

• The United States has an official copyright registration system.
• The United Kingdom provides automatic protection but does not maintain an official register of copyrighted works.
• Other countries may offer voluntary registration, mandatory deposits for certain purposes or alternative evidentiary systems.
• The categories, documents and deposit copies accepted vary by office.

Registration does not turn an idea, name, fact or insufficiently original work into protected subject matter. Nor does it make the applicant the legitimate owner if someone else created or owns the work.

Before attempting to register, confirm:

• That the work belongs to an eligible category.
• Which elements of it are original.
• Who created the work.
• Who currently owns the rights.
• Whether it incorporates third-party material.
• Whether any material must be excluded or disclaimed.
• Whether the relevant country has an official registration system.
• What copy or deposit of the work must be submitted.

If registration is available and commercially useful, iGERENT can help coordinate copyright registration in the relevant jurisdiction.

What Should You Do to Help Protect Your Copyright?

Although copyright often arises automatically, practical steps can make it easier to demonstrate ownership and respond to unauthorized use.

Preserve evidence of creation

Keep:

• Drafts and preliminary versions.
• Original files.
• Source files and project folders.
• Metadata and timestamps.
• Version histories.
• Emails discussing the work.
• Publication records.
• Contracts and invoices.

The evidence should help establish when the work was created, who contributed to it and how it developed.

Clarify ownership in writing

Contracts with employees, freelancers, agencies, developers, photographers, musicians and other contributors should explain:

• Who owns the finished work.
• Whether rights are assigned or licensed.
• Which uses are permitted.
• Whether the creator retains any rights.
• Which territories and periods are covered.

Paying someone to create a work does not always mean that copyright transfers automatically.

Use an appropriate copyright notice

A notice may include:

© Year Name of owner

A notice is not generally required for protection, but it can identify the claimed owner and make it more difficult for someone to argue that they did not know the work was protected.

Register where it provides a practical benefit

Where an official registration system exists, registration may help establish a public record and support enforcement. The benefits, requirements and deadlines depend on the country.

Use clear licences

If you allow others to reproduce, publish, distribute or adapt the work, define the permitted uses in writing. This is particularly important for online content, software, photographs, music and collaborations.

Monitor important works

Search engines, marketplaces, social networks and specialist monitoring services can help identify unauthorized copies. Preserve evidence before contacting the user or platform, as online content can be changed or deleted quickly.

What to Do If Someone Copyrights Your Work

If someone claims ownership of or registers a work you created, first preserve your drafts, source files, metadata, contracts and publication records. Obtain details of the other claim and confirm who legally owns the rights, as the author and copyright owner are not always the same person.

An incorrect registration does not necessarily make the other party the legitimate owner. Depending on the country, you may be able to request a correction, challenge the registration or take legal action. If your work has also been copied or used without permission, see our guide on how to report copyright infringement.

Can Your Work Be Protected? Final Checklist

Before relying on copyright or applying for registration, ask:

• Is the work original rather than copied?
• Does it contain creative expression?
• Am I trying to protect the expression rather than the underlying idea?
• Has the work been recorded or saved where fixation is required?
• Is there a meaningful human creative contribution?
• Do I own the rights or have the necessary authorization?
• Does the work incorporate third-party or public-domain material?
• Can I identify which elements are new and original?
• Is an official registration system available in the relevant country?
• Have I preserved evidence of creation and ownership?

If the answer to several of these questions is unclear, the work may require a more detailed review before registration or enforcement.

More Frequently Asked Questions

What can you copyright?

You can generally protect original creative expression in works such as books, articles, artwork, photographs, music, films, recordings, podcasts, software, websites, architecture and certain compilations. The work must satisfy the requirements of the relevant jurisdiction.

What can be protected using copyright?

Copyright can protect the original words, images, music, code, audiovisual material and other creative expression contained in a work. It does not normally protect ideas, facts, systems, methods, names or functional features.

At what point is an idea protected by copyright?

An idea itself is not protected by copyright. Protection may arise for the original way in which the idea is expressed, such as a completed manuscript, illustration, recording, video or software code. Merely writing down a short description does not give you exclusive rights over the underlying concept.

Does a work have to be published to receive copyright protection?

Generally, publication is not required for copyright protection. An unpublished manuscript, photograph, song or other qualifying work may still be protected. The exact requirements depend on the country.

What part of an artwork does copyright law protect?

Copyright may protect the artist’s original composition, arrangement, lines, shapes, colors and other expressive choices. It does not normally protect the subject, general idea, artistic style or technique.

Can a name or title be copyrighted?

Names, titles and short phrases are generally not protected by copyright. If a name identifies a business, product, service, podcast or creative series, trademark protection may be more appropriate.

Can digital-only content be copyrighted?

Yes. An eligible work does not need to exist as a physical copy. E-books, online articles, digital artwork, source code, videos, podcasts and other digital files may qualify if they meet the applicable requirements.

What should you do to help protect your copyright?

Keep dated drafts and original files, clarify ownership through written contracts, use appropriate notices and licences, consider official registration where available, and monitor valuable works for unauthorized use.

What should you do if someone registers copyright in your work?

Preserve evidence of creation and ownership, obtain details of the other registration, review any relevant contracts and investigate the available correction or challenge procedures. For a commercially important dispute, seek advice in the jurisdiction where the registration or unauthorized use occurred.