Understanding copyright law requires more than just knowing what it protects it also involves recognizing what it does not. Not every creative work automatically qualifies for copyright protection. Some works fall outside the scope of copyright due to their nature, origin, or lack of originality. These are known as works in which copyright does not subsist. Knowing these exceptions helps individuals, businesses, and content creators avoid legal misunderstandings and navigate intellectual property rights with clarity and confidence.
What Does It Mean When Copyright Does Not Subsist?
When copyright does not subsist in a work, it means that the work is not protected by copyright laws and can generally be used freely by the public. This may be because the work does not meet the necessary criteria for protection, is excluded by legal provision, or has entered the public domain. Such works may be copied, shared, and adapted without requiring permission from an original author or paying royalties.
Basic Requirements for Copyright Protection
To understand which works are excluded from copyright, it helps to review the core requirements for copyright protection:
- The work must be original and the result of some degree of creativity.
- It must be fixed in a tangible form, such as writing, recording, or digital storage.
- The work must belong to a category recognized by copyright law (e.g., literature, music, film).
If any of these conditions are not met, copyright may not apply.
Examples of Works in Which Copyright Does Not Subsist
1. Ideas, Facts, and Concepts
Certain intellectual products, like facts, ideas, procedures, systems, or mathematical formulas, cannot be copyrighted. For example, the idea for a novel or the concept behind a new mobile app is not protected until expressed in a tangible form. Likewise, a historical fact or scientific discovery remains in the public domain.
2. Government Publications and Laws
In many countries, official documents such as legislation, court judgments, statutes, and government reports are not subject to copyright. This ensures that the public can freely access and reproduce the law and legal decisions. For example, the text of a U.S. Supreme Court opinion or a government-produced weather report is not protected by copyright.
3. Works Created by Certain International Organizations
Some works created by organizations like the United Nations or the World Health Organization may not be copyrighted, particularly if intended for public dissemination. However, specific terms may apply, so it is essential to check each organization’s intellectual property policies.
4. Names, Titles, and Short Phrases
Simple names, book titles, slogans, and short phrases typically do not receive copyright protection. These are often better protected under trademark law. For example, while a company may trademark a slogan like Just Do It, the phrase itself cannot be copyrighted because it lacks sufficient creativity and substance.
5. Mathematical Symbols and Formulas
Equations, chemical formulas, and symbols used in scientific communication are considered tools of the trade and not subject to copyright. Their widespread use in education and research requires them to remain accessible to everyone.
6. Works That Have Entered the Public Domain
Once copyright expires typically 70 years after the author’s death the work enters the public domain and copyright no longer subsists. Anyone can use such works without permission. For instance, Shakespeare’s plays or Beethoven’s symphonies are freely available because their copyrights have long since expired.
7. Unfixed or Improvised Performances
If a performance is not recorded or written down, it may not be eligible for copyright protection. For instance, an improvised speech or musical performance that is not captured in a fixed format does not enjoy copyright protection under most legal systems.
8. Common Property Materials
Calendars, height and weight charts, rulers, and other standard measurement tools are not eligible for copyright because they are considered common property. Their primary function is informational, and they contain no original creative input.
Legal Rationale Behind These Exclusions
There are clear policy reasons why certain works are excluded from copyright protection. Allowing ideas, government texts, or scientific formulas to be copyrighted would hinder access to essential knowledge and obstruct innovation. By keeping certain content in the public domain, society promotes education, creativity, and the free exchange of information.
How to Determine If Copyright Subsists
It is not always easy to determine whether a work is copyrighted. However, individuals can take several steps to clarify the status of a work:
- Check publication dates and author death dates to assess whether a work has entered the public domain.
- Determine whether the work is a fact-based publication or government material.
- Look for copyright notices, although absence of such notice does not always mean there is no copyright.
- Consult official copyright databases or seek legal advice for complex cases.
Implications for Educators, Researchers, and Creators
Knowing which works are not protected by copyright is valuable for teachers, writers, students, journalists, and digital creators. It allows them to freely use materials for educational or creative purposes without fear of legal repercussions. For example, a teacher can include a government report in classroom materials or use public domain images in a student workbook.
Misconceptions About Copyright-Free Works
People often mistakenly believe that a work without a copyright symbol is free to use. In reality, many copyrighted works do not carry a symbol. On the other hand, just because a work appears online does not mean it is in the public domain. Due diligence is crucial before using a work for commercial or public purposes.
Understanding which works are excluded from copyright protection helps prevent infringement and opens the door to lawful and innovative use of valuable materials. Whether you’re a researcher, content creator, or entrepreneur, recognizing the types of works in which copyright does not subsist allows you to operate with both freedom and responsibility. As copyright laws evolve, staying informed ensures continued respect for intellectual property while encouraging the sharing of knowledge and creativity for the public good.