What is Copyrightable?

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  • Ideas cannot be copyrighted:NEVER.
  • Facts cannot be copyrighted. (Even if you discovered it!)
  • Common characters cannot be copyrighted. (Ex. Pirate with an eye-patch)
  • Fashion design cannot be copyrighted. A sketch of a design is copyrighted. The sketch cannot be copied, but anyone can make a dress out of a sketched dress design without infringing.
  • Buildings can be copyrighted. (Architectures)
  • Unconscious infringement of copyright is actionable as much as deliberate infringement – You can’t play dumb.
  • Copyright cannot be limited literally to the text, or else a plagiarist would escape infringement by immaterial variations.
  • Not all or nearly all of work need to be appropriated to constitute copyright infringement. What is being copied and/or how much is being copied would be considered. For example, copying one line in a poem which has three words can be infringement if those three words are the core of the poem.

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