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sfy the threshold of originality 10 though most of the countries require certain degree of originality in the work sought to be protected such requirement does not stem from either the berne convention or the trips agreement 11 therefore there is no uniformity in the standard for originality in the united states originality necessitates bare minimum degree of creativity and independent creation 12 the supreme court of the united states in the case of feist publications v rural telephone service co 13 held that the work must be independently created and must possess minimum degree of creativity this interpretation requires an extremely low level of creativity and in the words of the court must possess some creative spark no matter how crude humble or obvious it might be 14 the court also took the opportunity to reject the previously judicially established and followed the sweat of the brow doctrine according to the said doctrine labour and hard work alone could suffice to establish originality after the doctrine was rejected by the supreme court in 1991 in the bridgeman art library v corel corp 15 case the court held that the copies of public domain photographs could not be copyrighted since they lacked originality and while such reproductions may have involved skill and labour no protection could be granted to them on account of lack of originality while the current legal requirements of originality viz minimum level of creativity and independent labour can be easily assessed and applied in case of literary works the courts are required to undertake a deeper legal and factual inquiry in photographic works the united states district court for southern district of new york in mannion v coors brewing company 16 considered originality in terms of timing subject and rendition and held that the nature and extent of the copyright would be independent in the three aspects the requirement for originality was incorporated in the statute only in the copyright act 1976 and over the course of time the courts have evolved various metrics to apply the test 17 unlike patents novelty is not required for a work to be considered as original 18 the united states court of appeals for the second circuit in sheldon 1936 19 had clarified that sometimes it is relevant for other purposes therefore if the work created by you is identical to a pre existing work but you are unaware of the latter s existence you may still enjoy copyright protection for your work apart from novelty the work is not required to be made with an intent to be original what is considered is only that it is actually an independent creation in effect in 1951 the court in alfred bell co v catalda arts 20 held that the question as to whether there was intent to be original was not to be considered the supreme court of the united states has also clarified that it is not necessary for the work to be artistic to qualify as original furthermore in the landmark ruling the court observed that it would be a dangerous undertaking for persons trained only to the law to constitute themselves final judges of the worth of pictorial illustrations outside of the narrowest and most obvious limits at the one extreme some works of genius would be sure to miss appreciation their very novelty would make them repulsive until the public had learned the new language in which their author spoke it may be more than doubted for instance whether the etchings of goya or the paintings of monet would have been sure of protection when seen for the first time at the other end copyright would be denied to pictures which appealed to a public less educated than the judge this observation was an embodiment of the principle of artistic or aesthetic neutrality which seeks to eliminate the inherent subjectivity involved in the judges deciding whether the work is artistic and hence the question as to whether it warrants protection the principle finds four broad justifications i lack of expertise in the judges ii fear of elitism iii fear of paternalism also called parentalism iv lack of consensus on what constitutes art however scholars note that the principle of aesthetic neutrality is often violated as the adjudicators end up favouring creators of what they believe is deserving of copyright grant in the united states the work is not required to be non commercial in nature for copyright protection and unlike the us trademark law the work need to be necessarily lawful therefore works created for commercial purposes such as advertisements can also be granted a copyright 21 originality under indian copyright law edit section 13 1 a of the indian copyright act 1957 mentions originality as a requirement for copyright protection to literary dramatic musical and artistic works courts have interpreted this requirement of originality in different ways this has given rise to various doctrines tests that can be helpful in determining whether a work meets the threshold of originality the most prominent case with respect to originality under the indian copyright law is the eastern book company v dcb modak 22 this judgment gave rise to two doctrines i e modicum of creativity and the skill and judgment test this remains the accepted and current position of law in india as of now however prior to this the indian courts used to follow the sweat of the brow approach sweat of the brow doctrine edit main article sweat of the brow this theory bases the grant of copyright protection on the effort and labour that an author puts into their work as opposed to the creativity involved locke s theory of labour as property has often been extended to give jurisprudential basis to this theory of copyright law in the case of v govindan v e m gopalakrishna kone 23 it was held that compilations of information would meet the threshold of originality under the indian copyright act since it involves some level of skill labour and brain 24 a similar line of reasoning was adopted in the case of burlington home shipping pvt ltd v rajnish chibber 25 where a database was held to be original enough to be protected by copyright under indian law however like in other jurisdictions this theory was discarded by the indian courts also and the focus was shifted to the creativity involved in any work ebc modak case modicum of creativity and skill and judgment test edit the ebc modak case is the indian counterpart of the feist publications case in terms of the test it laid down it concerned the copyrightability of supreme court judgments that were copy edited and published by eastern book company these judgments were published along with headnotes that were written by the company itself while explicitly discarding the sweat of the brow theory the court held that simply copy editing would not meet the threshold of originality under copyright law since it would only demonstrate an amount of skill labour and capital put in the inputs of the copy edited judgments and the original or innovative thoughts for the creativity would be completely excluded 26 thus it introduced the requirement of creativity under originality with respect to the level of creativity involved the court adopted the minimal degree of creativity approach following this standard the headnotes that did not copy from the judgment verbatim were held to be copyrightable finally the court also gave way to the skill and judgment test which is more or less a compromise between the sweat of the brow theory and the modicum of creativity test while relying on the cch canadian case 27 the court essentially held that a work would meet the originality standard as long as there is labour or effort involved but not only labour 26 it must involve some level of skill and judgment as well however this approach mirrors the sweat of the brow theory more closely and is therefore a difficult theory to defend further the court held the division of a judgment into paragraphs and numbering them was enough to meet this standard of skill and judgment whether this is the correct interpretation of the test as given in the cch canadian case 28 remains debatable originality in science edit scientific literature considered as primary must contain original research and even review articles contain original analysis or interpretation 29 originality of ideas and creative works edit an original idea is one not thought up by another person beforehand sometimes two or more people can come up with the same idea independently originality is usually associated with characteristics such as being imaginative and creative the evaluation of originality depends not only on the creative work itself but also on the temporal context the zeitgeist in a study of the musical originality of 15 618 classical music themes the importance of objective characteristics and the zeitgeist for popularity was examined both the musical originality of a theme relative to its contemporary works the zeitgeist as well as its absolute originality influenced in similar magnitude the popularity of a theme 30 similarly objective features and temporal context both influenced the evaluation of linguistic originality 31 original recording edit an original painting photographic negative analog audio or video recording will contain qualities that can be difficult or under current technology may be impossible to copy in its full integrity that can also apply for any other artifact that is why it is often necessary to preserve the original in order to preserve its original integrity the copy is made to preserve the original recording by saving the original from degenerating as it is being played rather than to replace the original see also edit copyright protection of photographs in switzerland describes the criteria for the originality of photographs in swiss law creativity derivative work feist v rural and bridgeman art library v corel corp us in fiction narratology an original is the first published installment of a series of works thus having sequels prequels etc ship of theseus synonyms archetype prototype the first draft of an original work model template and pastiche an imitation of an archetype or prototype in order to pay homage to the original creator sweat of the brow notes edit gregory 1997 pp 12 13 quote modernist concern with issues of originality develops out of modernism s relation to romanticism the romantics having invented the notion of originality as we know it smith 1924 waterhouse 1926 macfarlane 2007 a b lynch jack 2002 the perfectly acceptable practice of literary theft plagiarism copyright and the eighteenth century in colonial williamsburg the journal of the colonial williamsburg foundation 24 no 4 winter 2002 3 pp 51 54 also available online since 2006 at writing world royal shakespeare company 2007 the rsc shakespeare william shakespeare complete works introduction to the comedy of errors p 215 quote while we applaud difference shakespeare s first audiences fovoured likeness a work was good not because it was original but because it resembled an admired classical exemplar which in the case of comedy meant a play by terence or plautus lindey alexander 1952 plagiarism and originality edward young 1759 conjectures on original composition feist v rural chapter 1 circular 92 copyright gov u s copyright office retrieved 2018 05 10 module 2 copyright and related rights pdf module 3 the scope of copyright law copyright for librarians cyber harvard edu retrieved 2018 05 10 feist pubs inc v rural tel svc co inc 499 u s 340 1991 justia law retrieved 2018 05 10 feist pubs inc v rural tel svc co inc 499 u s 340 1991 justia law retrieved 2018 05 10 36 f supp 2d 191 s d n y 1999 377 f supp 2d 444 originality requirements under u s and e u copyright law software freedom law center softwarefreedom org retrieved 2018 05 10 35 u s code 102 conditions for patentability novelty lii legal information institute retrieved 2018 05 10 81 f 2d 49 2d cir 1936 alfred bell co v catalda fine arts h2o law harvard edu retrieved 2018 05 10 originality requirements under u s and e u copyright law software freedom law center www softwarefreedom org retrieved 2018 05 10 appeal civil 6472 of 2004 air 1955 mad 391 8 v govindan vs e m gopalakrishna kone and anr air 1955 mad 391 1995 ivad delhi 732 a b 37 eastern book company v db modak 2004 1 scr 339 16 cch canadian ltd v law society of upper canada 2004 1 scr 339 tobin martin j october 2003 writing a review article for ajrccm american journal of respiratory and critical care medicine 168 7 732 734 doi 10 1164 rccm 2306019 simonton dean k 1980 thematic fame melodic originality and musical zeitgeist a biographical and transhistorical content analysis journal of personality and social psychology 38 6 972 983 doi 10 1037 0022 3514 38 6 972 issn 0022 3514 form sven 2018 01 30 reaching wuthering heights with brave new words the influence of originality of words on the success of outstanding best sellers the journal of creative behavior 53 4 508 518 doi 10 1002 jocb 230 issn 0022 0175 references edit gregory elizabeth 1997 quotation and modern american poetry imaginary gardens with real toads macfarlane robert 2007 romantic originality in original copy plagiarism and originality in nineteenth century literature march 2007 pp 18 50 33 smith logan pearsall 1924 four words romantic originality creative genius oxford clarendon press waterhouse francis a 1926 romantic originality in the sewanee review vol 34 no 1 jan 1926 pp 40 49 external links edit wikiquote has quotations related to originality look up originality in wiktionary the free dictionary originality bbc radio 4 discussion with john deathridge jonathan rée and catherine belsey in our time mar 20 2003 why buildings are getting weirder a documentary about originality in architecture by the aesthetic city channel on youtube v t e appropriation in the arts by field music bootleg recording chopped and screwed contrafact list contrafactum cover version dj mix interpolation medley music mashup music plagiarism musical quotation nightcore parody music pasticcio plunderphonics potpourri quodlibet remix riddim sampling sound collage standard track for track tribute act trope variation vaporwave literature theatre assemblage cut up technique flarf poetry found poetry jukebox musical trope verbatim theatre visual arts collage combine painting photographic mosaic readymades of marcel duchamp swipe by source material mona lisa michelangelo s david michelangelo s pietà statue of liberty cinema television video abridged series anime music video collage film found footage literal music video parody film re cut trailer remake shot for shot supercut tv format vidding video mashup youtube poop other arts in joke internet meme joke theft parody advertisement revivalism architecture video game modding bootleg games general concepts intertextual figures allusion calque parody pastiche plagiarism quotation translation adaptation film literary theatre other concepts after art assemblage art bricolage ci...
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