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Assuming the material falls within the categories of copyrightable materials and is not excluded from protection:

Under US Copyright law there are only two requirements in order for a work to qualify for copyright protection. It must be of "sufficient originality" and must be "fixed in a tangible medium, perceptible to human eye, machine reader, or other device.

Copyright law does not protect works of employees of the US government, nor any "idea, procedure, process, system, method of operation, concept, principle, or discovery." 17 USC § 102 (b).

Therefore, a work is copyrightable if these three things are true:

  • It is Original - the work must be independently created, or, it must not contain any actual copying.
  • It has been Expressed - in other words, you cannot copyright an idea, thought, concept etc. These must be expressed somehow and the work must be
  • It is Tangibly Fixed - There must be a copy of the work that is capable of being perceived (So a physical or digital copy could apply here).
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