Also known as: literary works
Written by attorneys · grounded in primary & secondary sources — see below
An original work of authorship fixed in any tangible medium of expression from which it can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. The category encompasses novels, poems, and other textual creations that meet the constitutional originality requirement.
Leah Lamb, author of a proprietary novel, sued Lunar Dynamics in federal court for copyright infringement after the company reproduced the novel in agency submissions. She joined a state unfair competition claim alleging false endorsement statements made in the same documents. The court exercised supplemental jurisdiction because both claims arose from the identical appropriation of the literary work.
Landon Long recorded television programs containing literary scripts on his Betamax device for later viewing. Universal City Studios claimed infringement of its copyrighted literary works. The Supreme Court held that the private, noncommercial copying qualified as fair use and did not impose contributory liability on the manufacturer.
Select any source to read its text and confirm it supports the definition.
Luna Lang, a video game developer, challenged a state law restricting sales of violent interactive works to minors. The statute treated the games as unprotected despite their narrative elements akin to literary works. The Court struck down the law because the First Amendment extends to such expressive content regardless of format.
Lars Lindstrom produced computer-generated films depicting fictional teenage characters in sexual situations drawn from literary themes. The government prosecuted under a statute banning virtual child pornography. The Court invalidated the law because the works lacked actual minors and retained First Amendment protection as literary expression.
Lumen Capital published a telephone directory listing subscriber names and numbers compiled from public records. Rural Telephone Service sued for infringement of its own directory as a literary work. The Court held that the raw facts lacked originality and therefore received no copyright protection.
Linden Bank distributed software that allowed users to exchange digital copies of novels and other literary works. Metro-Goldwyn-Mayer Studios sued for contributory infringement. The Court found liability because the company promoted the software for the purpose of infringing copyrighted literary works.
Supplemental jurisdiction exists when the state claim arises from the same common nucleus of operative facts as the federal copyright claim. The claims must share the same transaction or occurrence, such as unauthorized reproduction and submission of the same literary work. Courts promote efficiency by resolving both claims in one proceeding to avoid duplicative litigation.
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A compilation receives protection only if it displays sufficient originality in selection, coordination, or arrangement. Raw facts themselves are not original and remain in the public domain. The author must contribute creative choices beyond mere discovery or listing.
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Yes. Video games qualify as expressive works that communicate ideas through narrative and interactive elements. The First Amendment applies regardless of the medium, so restrictions must satisfy strict scrutiny just as they would for books or films.
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…these figures from the world around them. Denicola, Copyright in Collections of Facts: A Theory for the Protection of Nonfiction Literary Works, 81 Colum. L. Rev. 516, 525 (1981). Census data therefore do not trigger copyright because these data are not 'original' in the constitutional sense. Nimmer §2.03[E]. The same is true of…