Understanding Fixed in a Tangible Medium of Expression for Copyright Law

Definition & Meaning

The term "fixed in a tangible medium of expression" refers to the requirement that a work must be recorded in a physical form to be protected by copyright law. This means that the work must exist in a way that can be perceived, reproduced, or otherwise communicated, whether it's on paper, audio tape, or a digital format like a computer disk. Essentially, if a creative work is not captured in some physical medium, it does not qualify for copyright protection.

Table of content

Real-world examples

Here are a couple of examples of abatement:

Here are a couple of examples illustrating this concept:

  • A novel written and printed on paper is fixed in a tangible medium of expression.
  • A song recorded in a digital audio file format (like MP3) is also fixed, allowing it to be played back and shared.

Comparison with related terms

Term Definition Difference
Copyright The legal right to control the use of a creative work. Copyright protection requires fixation, while the term itself refers to the broader legal rights.
Public Domain Works not protected by copyright and available for public use. Fixed works can be copyrighted, while public domain works are free to use without permission.

What to do if this term applies to you

If you have created a work that you believe qualifies for copyright protection, consider the following steps:

  • Ensure your work is fixed in a tangible medium.
  • Consider registering your copyright with the U.S. Copyright Office to enhance your legal protections.
  • Explore US Legal Forms for templates and resources that can assist you in the registration process.
  • If your situation is complex, consult a legal professional for tailored advice.

Quick facts

Attribute Details
Typical Fees Registration fees vary, typically around $35 to $55.
Jurisdiction Federal law governs copyright in the United States.
Possible Penalties Infringement can lead to statutory damages, including fines and legal fees.

Key takeaways

Frequently asked questions

It means that a creative work must be recorded in a physical form, such as writing it down or recording it digitally.