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Under the laws of countries that adhere to the Bern Convention, a creative work of authorship is copyrighted from the moment it is "fixed" in a tangible form.

Under the US definition, "A work is "fixed" in a tangible medium of expression when its embodiment in a copy or phonorecord, by or under the authority of the author, is sufficiently permanent or stable to permit it to be perceived, reproduced, or otherwise communicated for a period of more than transitory duration." 17 USc § 101.

Tangible forms include physical marks (pencil, paint, ink, crayon on paper, canvas, sidewalk, building) as well as electronic records (audio and video tape, digital memory), among other things.

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