Are legal documents copyrightable?
Legal documents such as briefs, contracts, and even cease-and-desist letters written by private attorneys (but not by government lawyers) may be protected by copyright like any other material “fixed in a tangible medium of expression.” However, greater fair use defenses may be available to those who copy legal documents. For example, it may be uniquely necessary to use the precise language of the document; the document may have little “creative” input; and its copying may not impact the market for legal services.
