Also known as: original · creative originality · copyright originality
Written by attorneys · grounded in primary & secondary sources — see below
A quality of a work that requires it to be the product of independent creation by the author and to possess at least a minimal degree of creativity. This standard is satisfied when the author contributes original expression rather than copying from another source.
Otto Osman creates a series of landscape photographs by selecting unique angles and lighting conditions during a solo hike. When another photographer reproduces the images without permission, the court finds the works original because they resulted from Otto's independent creative choices rather than copying.
Odilia Okamura sues a co-defendant for infringing her original textile pattern. The co-defendant files a crossclaim asserting that its own independently created pattern does not copy Odilia's work. The court examines whether each design meets the originality threshold of independent creation plus minimal creativity.
Odin Obeng offers to license his original novel manuscript. The recipient responds with a counter-offer proposing different terms for the same work. The court later determines that the manuscript itself satisfies originality because it sprang from Odin's independent creative effort.
Select any source to read its text and confirm it supports the definition.
Octavia Okonkwo leases space to display her original sculptures. An oral modification extends the lease term beyond the statute of frauds period. The court holds the modification invalid but separately confirms that the sculptures qualify for copyright protection due to their originality.
Olivia Owens files suit in federal court alleging infringement of her original musical composition. The complaint asserts that the work meets the originality requirement through independent creation and minimal creativity, thereby presenting a federal question under the copyright laws.
Orion Technologies cannot locate the master recording of its original audio work. Because the original cannot be obtained through judicial process, the court permits secondary evidence of the content while still requiring proof that the underlying work satisfies originality.
The work must be independently created by the author rather than copied from another source. It must also possess at least a minimal degree of creativity.
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No. Originality demands only independent creation plus minimal creativity. A work need not be novel or unique in the sense required for patent protection.
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Originality is a lesser standard than novelty. Copyright protects independent creation with minimal creativity even if the same expression already exists, whereas patent law requires novelty.
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Yes, provided the author's expression of those facts or ideas is independently created and minimally creative. Copyright protects expression, not the underlying facts or ideas themselves.
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…of the United States has not power to issue a mandamus to a Secretary of State of the United States, it being an exercise of original jurisdiction not warranted by the Constitution. Congress have not power to give original jurisdiction to the Supreme Court in other cases than those described in the Constitution. An act of…