Written by attorneys · grounded in primary & secondary sources — see below
A category of copyrightable subject matter consisting of works expressed in words, numbers, or other verbal or numerical symbols or indicia, regardless of the nature of the material objects in which they are embodied. Protection attaches when the work is original and fixed in a tangible medium from which it can be perceived or reproduced.
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Cases
Casebooks
Study Supplements
How it applies
Common Examples
5
Maps Joined With Unfair Competition Claim
Levi Lowe created original climate-impact maps expressed in numerical symbols and data points. He filed a federal copyright infringement suit against Sun Earth after the company reproduced the maps without permission in agency submissions. Levi also asserted a state unfair competition claim based on false endorsement statements appearing in the same submissions. The federal court exercised supplemental jurisdiction over the state claim because both arose from the same course of conduct involving the maps.
Videotape Recording Of Broadcast Content
Luna Lang recorded television programs containing scripts and dialogue on her home VCR for later viewing. The copyright owner of the underlying scripts sued the VCR manufacturer for contributory infringement. The court examined whether the scripts qualified as literary works fixed in the broadcast medium and whether home recording constituted fair use of those works.
Sony Corp. of America v. Universal City Studios, Inc.464 U.S. 417, 435 & n.17 (1984)
Posthumous Rights In Character Portrayals
Lamar Lewis played a distinctive vampire character in several films based on a literary work. After his death, his heirs claimed property rights in the character's likeness. The court considered whether the original literary work's protectible elements extended to the actor's portrayal and whether those rights survived the author's death.
Lugosi v. Universal Pictures25 Cal. 3d 813, 160 Cal. Rptr. 323, 603 P.2d 425
Telephone Directory Compilation Dispute
Laura Lewis compiled a telephone directory listing names, addresses, and numbers in alphabetical order. A rival publisher copied substantial portions of the listings. The court held that the raw factual data lacked the originality required for protection as literary works, even though the compilation format might qualify if it reflected creative selection or arrangement.
Feist Publications, Inc. v. Rural Telephone Service Co.499 U.S. 340, 349-350 (1991)
File Sharing Software Liability
Legacy Motors distributed software that enabled users to locate and download digital copies of novels and scripts. Copyright owners of the literary works sued the distributor for inducing infringement. The court assessed whether the software's design demonstrated intent to promote copying of protected literary works and whether the distributor could be held secondarily liable.
Metro-Goldwin-Mayer Studios, Inc. v. Grokster, Ltd.545 U.S. 913 (2005)
Common questions
Frequently Asked
4
What statutory definition controls whether a work qualifies as a literary work?+
Section 101 of the Copyright Act defines literary works as works, other than audiovisual works, expressed in words, numbers, or other verbal or numerical symbols or indicia, regardless of the material objects in which they are embodied. This definition covers books, manuscripts, computer programs, and factual compilations when they meet the originality and fixation requirements.
Does a compilation of facts receive protection as a literary work?+
A factual compilation may qualify as a literary work if the author exercises originality in selecting, coordinating, or arranging the facts. Raw facts themselves are not protectible, but the creative assembly of those facts into a directory or database can satisfy the statutory definition.
Can computer programs be protected as literary works?+
Yes. Although not expressly listed in the statute, legislative history confirms that computer programs fall within the definition of literary works when expressed in words, numbers, or symbols. Courts apply the same originality and fixation standards used for traditional literary works.
When may a federal court hear a state claim alongside a copyright claim involving literary works?+
A federal court may exercise supplemental jurisdiction over a related state claim, such as unfair competition, when both claims arise from the same nucleus of operative facts involving the alleged appropriation of a literary work. The claims must share a common factual core so that they form part of the same case or controversy.
literary works
; "(2) musical
works
, including any accompanying words; "(3) dramatic
works
, including any accompanying music; "(4) pantomimes and choreographic
works
; "(5) pictorial, graphic, and…
( Jackson v. Universal International Pictures, Inc. (1950) 36 Cal.2d 116 [222 P.2d 433]; Johnston v. 20th Century-Fox Films Corp., supra, 82 Cal. App.2d 796), the collection and…