Legal Definitions - originality

In copyright law, originality refers to the fundamental requirement that a work must be the product of an author's own independent effort and possess at least a minimal amount of creativity to qualify for copyright protection.

This standard does not demand that a work be entirely new, groundbreaking, or unique in the world. Instead, it simply means that the author did not copy it from another source and that it reflects some creative choices, no matter how small. The bar for creativity is quite low; even a simple arrangement of common elements can be considered original, as long as it wasn't directly copied.

• Example 1: A Unique Photograph of a Common Subject

  Imagine a photographer takes a picture of a well-known public park bench. While countless photos of park benches exist, this photographer chooses a specific time of day to capture unique shadows, frames the shot from an unusual low angle, and uses a particular lens filter to create a distinct mood. They did not copy any existing photograph of that bench.

  Explanation: Even though the subject (a park bench) is not new, the photographer's specific choices in framing, lighting, and post-processing demonstrate independent creation and a minimal degree of creativity. This makes their particular photograph "original" and eligible for copyright protection, as it reflects their unique artistic expression rather than being a copy of someone else's work.

• Example 2: A Curated Playlist with Original Descriptions

  A music enthusiast creates a playlist of popular songs from the 1980s on a streaming service. While the songs themselves are copyrighted by their respective artists, the enthusiast writes unique, descriptive commentary for each song, explaining its personal significance or historical context, and arranges the songs in a specific, thematic order that tells a story.

  Explanation: The individual songs are not original to the playlist creator. However, the specific selection, arrangement, and the original descriptive text and commentary accompanying each song in the playlist demonstrate independent creative effort. This unique compilation and its accompanying original text would meet the originality standard for copyright protection, even though the underlying musical works are not theirs.

• Example 3: A Simple Hand-Drawn Map

  A local coffee shop owner draws a simple, stylized map of their neighborhood to help customers find nearby attractions. The map includes basic street names, a few landmarks, and the coffee shop's location, all rendered in a distinctive, whimsical drawing style that the owner developed themselves. It's not a precise, technically accurate map, but a charming, hand-drawn guide.

  Explanation: While the geographical information (street names, locations) is factual and not original, the specific artistic choices in the drawing style, the selection of landmarks, and the overall visual presentation of this particular map were independently conceived and executed by the coffee shop owner. This demonstrates the minimal degree of creativity and independent creation required for the map to be considered "original" and eligible for copyright protection.