Copyright protects "original works of authorship" that are "fixed in any
tangible medium of expression." Here is the full text of
Title 17, sec.
102:
§ 102. Subject matter of copyright: In general
(a) Copyright protection
subsists, in accordance with this title, in original works of authorship fixed
in any tangible medium of expression, now known or later developed, from which
they can be perceived, reproduced, or otherwise communicated, either directly
or with the aid of a machine or device. Works of authorship include the
following categories:
(1) 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 sculptural works;
(6) motion pictures and other audiovisual works;
(7) sound recordings; and
(8) architectural works.
(b) In no case does copyright
protection for an original work of authorship extend to any idea, procedure,
process, system, method of operation, concept, principle, or discovery,
regardless of the form in which it is described, explained, illustrated, or
embodied in such work.
The definition is very broad and inclusive. The US Copyright Office's
Circular 1 discusses the
basics. For example, a computer program is regarded as a literary work,
and it is also regarded as "fixed" in a tangible medium when it exists in a
computer's Random Access Memory.
Just about everything, then is covered by copyright as soon as it comes into
existence. Subsection (b) above summarizes things that are not covered by
copyright. Note that facts are not covered, though their arrangement or
mode of presentation may be copyrightable. If their arrangement displays
some minimum amount of non-trivial creativity, then that "original" work will be
covered. Ideas, discoveries, procedures and works not fixed in a tangible
medium, like choreographic concepts, or improvisational speech are not covered.
Simple, common names and symbols cannot be copyrighted, nor can information that
is common property, like calendars, or height/weight charts, and so on.
(See Crews 1, chapters 3-7 for
details).
For example, a "garden variety white pages
telephone book" lacks the minimum creativity to be covered by copyright, but
that a "yellow pages" listing may be covered.
What is a fixed medium? Just about anything. Everything on a web
server, CD or even in RAM of a computer is fixed, at least for the sake of this
definition.
A notable exception to works covered by copyright are works of the United
States government. Works of non-governmental officials using federal
funding, however, may be covered. The copyright status of works of State
and local governments are determined by those governments.
You will find a great deal of further explanatory material, along with
fascinating examples, at The Copyright Website:
http://www.benedict.com/.