2009 Intellectual Property Wypadki

From Intellectual Property Wypadki

COPYRIGHT

Requirements

(1) Originality

The work must be original to qualify for protection. There are two distinct requirements: (1) the work must be independently created by the author (the author must not have just copied from a preexisting source); and (2) the work must possess at least some minimal degree of creativity.

Note:

• Discovery is not creation.
• Originality requires that one be the "maker" or "originator" not merely one who discovers and records a fact. However, works containing facts may be copyrighted, if they contain other elements created by the author.
• Originality will be found in all but a narrow category of works in which the creative spark is utterly lacking or so trivial as to be virtually nonexistent.
• A work may be copyrightable even if it incorporates nonoriginal elements.
• Mere editorial changes do not meet originality requirement.

Compilations: a work consisting entirely of unprotected elements is copyrightable (such as facts or work created by others) if the author shows the requisite creativity in selecting, coordinating, or arranging those unprotected elements.

Feist Publications v. Rural Telephone Services