Are facts protected by copyright?

No, facts are not protected by copyright in Delaware or anywhere else. Facts are considered to be part of the public domain and are available for anyone to use. Copyright law only applies to creative works that are unique and creative expressions of the authors or creators. Copyright does not protect facts, ideas, systems, methods of operation, or programs as such, which are considered unprotectable subject matter. However, copyright law does protect the unique ways these facts, ideas, systems, or methods are expressed, such as in a book or article. For example, if an author writes a book about history, the facts detailed in that book may not be protected by copyright law. However, the way those facts are expressed in the book may be protected by copyright law. Thus, the book itself would be protected under copyright law, but the facts detailed in the book would not be protected.

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