"Creating by mental acts" refers to a legal concept used to determine the copyrightability of certain intellectual property, particularly in the context of copyright law. It refers to the notion that works resulting from mental or intellectual processes, such as ideas, concepts, or thoughts, are generally not eligible for copyright protection.
In copyright law, originality is a key criterion for obtaining copyright protection. Originality primarily means that a work must originate from the author's own efforts, independent of any pre-existing work. However, mere ideas or mental concepts are typically considered too abstract or intangible to meet the requirement of originality, as they lack the requisite level of expression or fixation.
Works produced by mental acts are characterized by their intangibility and lack of a concrete or tangible form. Examples can include thoughts, ideas, theories, opinions, mental procedures, processes, systems, or discoveries. These mental creations are essentially products of an individual's mind, but they do not possess the necessary embodiment or concrete expression to be eligible for copyright protection.
While copyright law generally does not protect works created solely by mental acts, it is important to note that the expression of these mental ideas, once rendered into a material or tangible form, may still be eligible for protection. The transformation of mental ideas into a fixed medium, such as a written document, art piece, or computer program, is crucial for copyright protection to apply.
