“Sweat of the brow” is fundamental to a correct legal understanding of copyright. Copyright rewards and protects creativity but it does not protect hard work. You can labor for ten years over a phone book listing the numbers of every person in a town and (as a collection of uncopyrightable facts) it will receive no protection at all. Zero. Zilch. Anyone can copy and sell that phone book:
Copyright law doesn’t care if you slaved over that collection of facts…But: if you dash off a haiku in ten seconds while sitting on the toilet, shove it into your pocket and forget about it, and then your…kids discover that crumpled haiku after your…death, your kids will be able to claim a full 70 years’ worth of copyright over that forgotten triviality (the term of copyright for works of human authorship is life plus 70 years).
This is the uncontroversial and universally accepted legal understanding of copyright: all the copyright in the world for creative acts, no copyright at all for mere acts of labor. The “sweat of the brow” has nothing to do with a work’s eligibility for copyright.
But no media boss believes this. For media bosses, copyright is a pseudo-property right, designed and operated to protect their bottom line. The point of copyright isn’t to incentivize creativity, but rather investment.
— “Pluralistic: Formalities (31 Oct 2026),” Pluralistic