Computer Software and Copyright

Appendix 1. Why an Idea Cannot Be Copyrighted

In order for the goal or purpose of an idea to be perceivable by others, it must be expressed in some tangible manner. The result of this expression represents a tangible embodiment of the idea. Many times, the purpose or goal of a given idea can be accomplished by various means. Where there are various means of achieving the goal or purpose of a given idea, particular means are not necessary to embody that particular idea. Thus, the idea is clearly separable from the expression of the idea. The expression is unique to each person who embodies the same independently conceived idea. Each unique expression may be copyright-protected.

On the other hand, if the purpose or goal of a given idea can only be accomplished by one means, that is, by one expression, granting a copyright to the person who authors the expression would simultaneously grant her a monopoly right to an idea that could be independently conceived by almost anyone.

Therefore, if you can accomplish the goal of your idea by various means, then you can copyright your particular and original expression of that idea. If your idea can only be expressed one way, then the expression is inseparable from the idea itself and you cannot obtain copyright protection for it. Remember that we are talking only about copyright protection here; other areas of law, such as antitrust, patents, trade secret, contract, and tort may provide other types of protection.

* Written by John E. Wehrli, formerly of the Patent Department, Lawrence Berkeley National Laboratory. Available as LBL Report No. 38995.