Legal Definitions - creativity

Creativity, in the context of copyright law, refers to the minimal level of imaginative expression or artistic judgment present in a work. For a creation to be eligible for copyright protection, it must display some degree of inventiveness that goes beyond what a person of very ordinary talents might produce. This requirement focuses on the inherent imaginative quality of the work itself, rather than the amount of effort, labor, or expense involved in its creation.

Here are some examples illustrating the concept of creativity in copyright:

• Example 1: A Basic Database

  Imagine a company that compiles a simple database listing all the businesses in a particular city, organized alphabetically by name, along with their standard addresses and phone numbers. While gathering this information might require significant effort and expense, the arrangement itself—a straightforward alphabetical list—is considered a purely functional and obvious way to present data. It lacks any imaginative choices or distinctive selection that goes beyond what someone with very ordinary organizational skills could achieve. Therefore, this database would likely not meet the creativity threshold for copyright protection.

• Example 2: A Unique Choreographed Dance Routine

  Consider a choreographer who designs a new dance routine for a contemporary ballet. This routine features a sequence of original movements, specific formations, and a unique narrative conveyed through the dancers' interactions and spatial relationships. The combination of these elements reflects the choreographer's imaginative vision, artistic choices, and inventive arrangement of steps and gestures. This goes far beyond a series of basic, common dance steps and would therefore be considered sufficiently creative for copyright protection.

• Example 3: A Distinctive Photograph of a Common Object

  Suppose a photographer takes a picture of a common apple. Instead of a simple, straightforward shot, the photographer uses a very specific lighting setup, a unique angle, a shallow depth of field to blur the background, and a particular filter to create a dramatic and evocative image that highlights the apple's texture and form in an unusual way. While the subject (an apple) is ordinary, the photographer's deliberate choices in composition, lighting, and artistic execution demonstrate a sufficient degree of imaginative expression and judgment that elevates the photograph beyond what an ordinary snapshot would capture, thus meeting the creativity requirement for copyright.