1 Nimmer on Copyright § 2.01

This chapter and the one that follows both consider the proper subject matter of copyright protection.1

The next chapter focuses on functional works and their effect on copyrightability. See Chap. 2A infra. As specified therein, no barrier categorically separates “useful” from “esthetic” works—and therefore both chapters must be considered together as interrelated matters covering the field. See § 2A.01 infra. Nonetheless, given many distinctive doctrines that arise in the context of “useful articles” and other functional works, it is helpful to divide the subject matter across these two chapters. See § 2A.08[B] infra.

Before considering the types of works that may qualify, both for common law and statutory copyright protection,2

On the use of the terms “statutory” and “common law” copyright, see § A.04[B] supra.

it is meet to consider the one pervading prerequisite to copyright protection,3

The constitutional requirements for statutory protection canvassed above in Chap. 1 supra are ...