Key Points from Lecture on Copyright Disputes

Introduction

• Threshold Question: Determine if the thing is copyrightable.
• Context: People often try to claim copyright on non-copyrightable items.

Examples of Non-Copyrightable Items

• Donald Trump: Tried to copyright the phrase "You're fired."
  • Outcome: Not copyrightable because it’s a common phrase.
• Paris Hilton: Tried to copyright the phrase "That's hot."
  • Outcome: Not copyrightable because it’s a common phrase.

Key Concepts

• Common Words and Phrases: Not copyrightable.
• Facts: Not copyrightable.
  • Example: Stating a historical fact like "High Point University was founded in 1924" is not subject to copyright.

Purpose of Copyright

• Protects your unique way of expressing something.
• Example: A written book is copyrighted for its unique expression, not the underlying topic.

Requirements for Copyrightability

1. Originality
   • Must be the first person to say it that way.
2. Tangibility
   • Must be fixed in a tangible form (written, video, online, etc.).
   • Speaking alone is not copyrightable until it's recorded or written down.
3. Replicability
   • If it can't be replicated, it can’t be copyrighted.

Summary

• For something to be copyrighted, it must be original, tangible, and replicable.