The correct answer is D. Models and sculpture.

To understand why models and sculpture cannot be covered under copyright protection, we need to delve into the principles of copyright law and the specific categories of works that are eligible for protection. Additionally, we will explain why the other options (A, B, and C) are correct or not correct in this context.

Why the correct answer is D. Models and sculpture:

Models and sculpture fall under a category of works that are not eligible for copyright protection because they do not meet the essential criteria for copyright. Copyright law primarily protects original works of authorship that are fixed in a tangible medium of expression. Models and sculpture, while undoubtedly creative and artistic, do not meet these criteria:

1. Tangible Medium of Expression:

Copyright law requires that a work be fixed in a tangible medium of expression. This means that the work must exist in a concrete form that can be perceived or reproduced. For example, a written poem or a recorded song exists in a tangible form (on paper or as a digital audio file) and can be easily reproduced.

In contrast, models and sculpture are three-dimensional physical objects, and they do not inherently exist in a tangible medium of expression. While they are created through a tangible process, the physical object itself is not the kind of medium that copyright law is designed to protect.

2. Functional Elements:

In many cases, models and sculpture may serve functional or ornamental purposes beyond their artistic or creative elements. For example, a sculpture in a public park may serve as a decorative or architectural element, and a model of a building may be created for architectural or engineering purposes.

Copyright does not extend to protect the functional aspects of works. Instead, functional aspects may be protected under other intellectual property rights, such as patents or design patents.

3. Use of Copyright in a Different Context:

While the physical model or sculpture itself may not be eligible for copyright protection, the design or plans used to create such objects can be subject to copyright protection if they meet the criteria for originality and being fixed in a tangible medium. For example, the drawings or plans for creating a sculpture could be copyrighted, but not the actual three-dimensional object.

Now, let’s discuss why the other options (A, B, and C) are correct or not correct in the context of copyright protection:

A. Computer software:

Computer software is eligible for copyright protection. Copyright law protects the source code and object code of computer programs as original works of authorship fixed in a tangible medium. Software developers have copyright protection for their code, which means others cannot copy, distribute, or modify their software without permission.

B. Poems and songs:

Poems and songs are classic examples of works that are eligible for copyright protection. They are creative expressions of ideas fixed in a tangible medium, and they are protected from unauthorized reproduction, distribution, and performance.

C. Computer hardware:

Computer hardware, such as physical components like processors, memory chips, and hard drives, is not eligible for copyright protection. Copyright law protects creative and original works of authorship, and computer hardware typically does not fall into this category. Instead, computer hardware can be protected through patents, which are a different form of intellectual property protection.

In summary, models and sculpture, due to their physical and often functional nature, are not eligible for copyright protection. Copyright law primarily covers creative works of authorship fixed in a tangible medium, such as literary, musical, and software works.

While models and sculpture are artistic expressions, their protection typically falls under other areas of intellectual property law, and the physical objects themselves are not protected by copyright.