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Threshold of originality information


The threshold of originality is a concept in copyright law that is used to assess whether a particular work can be copyrighted. It is used to distinguish works that are sufficiently original to warrant copyright protection from those that are not. In this context, "originality" refers to "coming from someone as the originator/author" (insofar as it somehow reflects the author's personality), rather than "never having occurred or existed before" (which would amount to the protection of something new, as in patent protection).[1]

Copyright finds its international commonality in the Berne Convention that creates the foundation of several concepts of international copyright law; however, the threshold for attracting copyright is not defined. This threshold is up to each jurisdiction to determine. While works that do not meet these thresholds are not eligible for copyright protection, they may still be eligible for protection through other intellectual property laws, such as trademarks or design patents (particularly in the case of logos).

  1. ^ Definitions taken from Webster's new universal unabridged dictionary, ISBN 0-88029-005-6.

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Threshold of originality

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The threshold of originality is a concept in copyright law that is used to assess whether a particular work can be copyrighted. It is used to distinguish...

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Originality

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of originality is according to some scholars tied to Romanticism, by a notion that is often called romantic originality. The validity of "originality"...

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Copyright law of the Philippines

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or destroyed The Intellectual Property Code of the Philippines does not define a threshold of originality that is used to assess whether a particular...

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Wordmark

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copyrighted, as they do not reach the threshold of originality. Wordmarks and logos are the two most common types of brand marks.[citation needed] Wordmarks...

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Too

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dictionary. Too or TOO may refer to: Target of opportunity, a concept in targeting Threshold of originality, a concept in copyright law Too (Fantastic...

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Logo

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reproduced in a variety of other colors or backgrounds. In some countries, especially civil law countries, the threshold of originality required for copyright...

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Intellectual property protection of video games

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established that in considering copyrights of the individual elements, there must be a threshold of originality to be copyrightable. A second key case in...

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Olympic symbols

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protection[where?], both because of their date of creation and because five circles arranged in a pattern do not reach the threshold of originality required to be copyrighted...

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American Airlines

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October of that year, the Copyright Office ruled that the logo was ineligible for copyright protection, as it did not pass the threshold of originality, and...

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CCH Canadian Ltd v Law Society of Upper Canada

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Society of Upper Canada, [2004] 1 SCR 339, 2004 SCC 13, is a landmark Supreme Court of Canada case that established the threshold of originality and the...

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Sweat of the brow

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directory. Substantial creativity or "originality" is not required. Under a "sweat of the brow" doctrine, the creator of a work, even if it is completely unoriginal...

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List of copyright terms of countries

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broad. They include copying in electronic form, the making of translated versions, the creation of a television program based on the work, and putting the...

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Copyright law of Switzerland

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by copyright, irrespective of whether copyright is asserted or not, but provided that it passes the threshold of originality necessary to constitute a...

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Derivative work

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Nintendo Intellectual property Merchandising Pastiche Patent Threshold of originality Trademark Trade secret Work for hire Creative Commons In the US...

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Bird in Space

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explained the process of creating the piece, establishing its originality: I conceived it to be created in bronze and I made a plaster model of it. This I gave...

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IceTV Pty Ltd v Nine Network Australia Pty Ltd

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compilation and the interests of the creator and copier. While Australia has traditionally applied a low threshold of originality for copyright protection...

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Photography and the law

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the English test for originality is based on skill, labour and judgment. That said, it is possible that the threshold of originality is very low. Essentially...

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Paraphrasing of copyrighted material

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such as instructions, lack the creativity required to meet the threshold of originality, and thus there can be no valid copyright under the first Feist...

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Copyright law of the Netherlands

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imprint of the author (HR 4 January 1991, NJ 1991, 608(Van Dale/Romme)). This threshold of originality has since been superseded by a decision of the European...

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German Wikipedia

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threshold of originality for works of applied art is set much higher, which often allows the use of company logos and similar icons, too. The use of scholarly...

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Copyright law of Germany

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patents) are seen as lex specialis for applied art such that the threshold of originality must not be assumed low for them. This has been confirmed by courts...

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Limitations and exceptions to copyright

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countries. Other more fundamental boundaries of copyright are caused by thresholds of originalities l, a threshold below which objects cease to be copyrightable...

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James Newton

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underlying compositions as separate entities, with different thresholds for originality; a six-second audio clip must be licensed from the record company...

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Tolkien and the Great War

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Tolkien and the Great War: The Threshold of Middle-earth is a 2003 biography by John Garth of the philologist and fantasy author J. R. R. Tolkien's early...

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