Fixation Requirement

This lesson discusses the requirement that a work be "fixed in a tangible medium of expression" as a condition to obtaining copyright protection. Although it assumes a basic familiarity with copyright law and terminology, it is designed to stand alone. It can, therefore, be used either as an introduction to the fixation requirement or as a review of those concepts after a class discussion.

NOTE: This lesson is intended as an overview of this topic; it does not cover all the details related to live performances or the recently decided cases declaring unconstitutional sec. 1101.

Learning Outcomes

On completion of the lesson, the student will be able to:

1. Define the fixation requirement.
2. Explain the importance of fixation and its requirements.
3. Define "copies" under the Copyright Act.
4. Determine whether something is a "material object" under the Copyright Act.
5. Explain what a "phonorecord" is.
6. List the rules defining sufficient "fixation in a tangible medium of expression" to trigger copyright protection under the Copyright Act.