Is "Terms of Service" copyrightable?

Question

The legal jargon on your software package looks just like the legalese on every other software package. Are they copying each other? Can one copyright a "Terms Of Service"?

Answer 1

Yes. The legal document (as a whole) can itself be copyrighted.

However, only the "original and creative" parts, or the general organization, are protectable.

The 'legalese' you are referring to is called in the profession 'boilerplate'. It's standard clauses and paragraphs that include the basic legal concepts that the industry in general has found appropriate or necessary over the decades.

While those can be copyrighted as part of the entire policy, those clauses are generally considered non-original by themselves, and thus not directly subject to copyright protection.