Legal Affairs

Limits to copyright: what is not protected?

Not everything is protected by copyright. Copyright protects the concrete, original form of a work — not the ideas, style, facts, or merely technically determined design behind it. Also works without human creative input and trivial little works...

Published on March 14, 2022 by MKBjuristen.nl
Request a free quote Call 085 25000 44

MKB Juristen drafts custom legal documents

It is best not to cobble together or copy important contracts, terms and conditions, and other legal documents yourself. We help entrepreneurs on a budget with customized legal solutions, clear costs upfront, and practical explanations.

  • Custom contracts, terms and conditions, and legal documents
  • Budget-friendly and clear about the costs upfront
  • Request a free consultation or a no-obligation quote
Free consultation Request a free quote

Not everything is protected by copyright. Copyright protects the concrete, original form of a work — not the ideas, style, facts, or merely technically determined design behind it. Works without human creative input and trivial works are also excluded.

No protection for ideas and style

Copyright protects the elaboration, not the idea. You cannot monopolize a concept, a style, a method, or a trend; others may be inspired by it, as long as they do not copy your concrete work. Only the elaborated, original form is protected.

No protection for facts and data

Individual facts, data, and news facts are not subject to copyright; they belong to everyone. A creative selection or arrangement of data may, under certain circumstances, be protected, and there is a separate regulation for databases, but the facts themselves are free.

No protection for technically determined shape

If the design is determined solely by a technical or functional requirement — there is only one way to make it — then free, creative choice is lacking and there is no copyright. Patent law may offer protection for technical solutions.

No human spirit, no protection

A work must stem from human creative choices. Consequently, for example, an artwork created entirely by artificial intelligence is not in itself protected by copyright. Works that are too banal or trivial also lack the required originality.

Frequently Asked Questions

Can I copyright an idea or concept?

No. Copyright protects the concrete execution, not the idea, the style, or the method.

Does copyright apply to facts?

Not on isolated facts and data. A creative selection or arrangement may be protected, and databases have their own regulations.

Is AI art protected?

Not in itself, because human creative input is lacking. With sufficient human input, that could be different.

Questions about what is protected?

Our legal experts assess whether your work is protected by copyright and how to protect it. View our copyrightor IP lawteam, or schedule a free consultation.

Please note: an article provides general information, but your legal situation may turn out differently.

A contract, conflict, or legal risk must always be assessed based on the facts, documents, evidentiary position, and interests. Are you in doubt? Have your situation assessed before you act.

Legal question regarding this article?

A blog provides explanation, but your situation often requires a concrete legal choice. MKB Juristen helps entrepreneurs with contracts, terms and conditions, GDPR documents, employment documents, disputes, and customized legal solutions.

Drafting, reviewing, and amending contracts
Legal Assistance Help with conflicts and disputes.
Expertise Specialist legal experts and lawyers.
Fixed rates. Clarity on costs in advance.

Latest articles

September 9, 2026

What is a freelancer hiring check for the client? Explanation and use

What is a freelancer hiring check for the client? Explanation of the role, when you need it, and what to look out for...

September 9, 2026

Having a statute of limitations interruption drafted: costs and process

Having a legal expert draft the interruption of the statute of limitations: what does it cost, how does the process work, and when should you choose custom work over a...

September 9, 2026

Drafting an agreement for hiring and leasing self-employed professionals: this is what should be included

Drafting an agreement for hiring and leasing freelancers? Read about the components that should be included, common mistakes, and when to consult a lawyer.

September 8, 2026

What are the general terms and conditions for companies that sell training and courses? Function and legal status

What are general terms and conditions for companies that sell education and courses? Explanation of the function, when you need it and where...

  • We worked for, among others:
  • MKBjuristen.nl partner
  • MKBjuristen.nl partner
  • MKBjuristen.nl partner
  • MKBjuristen.nl partner
Newsletter for entrepreneurs

Receive practical legal tips in your mailbox

Register now

Enter your email address and receive our newsletter.

No spam. Only legal tips.
By registering, you agree to our privacy statement.
SME Lawyers at the Chamber of Commerce Source: Chamber of Commerce 2019
Free consultation