Concept

Originality

Property: Volume 1 Christian Turner Assistant Professor of Law University of Georgia School of Law eLangdell® Press 2012 / Eligibility

"This case concerns the interaction of two well-established propositions. The first is that facts are not copyrightable; the other, that compilations of facts generally are. That there can be no valid copyright in facts is universally understood. The most fundamental axiom of copyright law is that “[n]o author may copyright his ideas or the facts he narrates.” At the same time, however, it is beyond dispute that compilations of facts are within the subject matter of copyright. There is an undeniable tension between these two propositions. Many compilations consist of nothing but raw data—i.e., wholly factual information not accompanied by any original written expression. Common sense tells us that 100 uncopyrightable facts do not magically change their status when gathered together in one place. The key to resolving the tension lies in understanding why facts are not copyrightable. The sine qua non of copyright is originality. To qualify for copyright protection, a work must be original to the author. Original, as the term is used in copyright, means only that the work was independently created by the author, as opposed to copied from other works, and that it possesses at least some minimal degree of creativity."

Related Ideas

  • Original SelectionProperty: Volume 1 Christian Turner Assistant Professor of Law University of Georgia School of Law eLangdell® Press 2012 · 2.03[E]. The same is true of all facts
  • FactsProperty: Volume 1 Christian Turner Assistant Professor of Law University of Georgia School of Law eLangdell® Press 2012 · 1.08[C][1]. Originality does not signify novelty; a work may
  • Thin CopyrightProperty: Volume 1 Christian Turner Assistant Professor of Law University of Georgia School of Law eLangdell® Press 2012 · 2.03[E]. The same is true of all facts
  • Copyright PurposeProperty: Volume 1 Christian Turner Assistant Professor of Law University of Georgia School of Law eLangdell® Press 2012 · 2.03[E]. The same is true of all facts
  • OriginalityProperty: Volume 1 Christian Turner Assistant Professor of Law University of Georgia School of Law eLangdell® Press 2012 · 1.08[C][1]. Originality does not signify novelty; a work may
  • Directory FactsProperty: Volume 1 Christian Turner Assistant Professor of Law University of Georgia School of Law eLangdell® Press 2012 · Eligibility
  • Constitutional RequirementProperty: Volume 1 Christian Turner Assistant Professor of Law University of Georgia School of Law eLangdell® Press 2012 · 1.08[C][1]. Originality does not signify novelty; a work may
  • Originality RequirementProperty: Volume 1 Christian Turner Assistant Professor of Law University of Georgia School of Law eLangdell® Press 2012 · 2.03[E]. The same is true of all facts
Originality | Property: Volume 1 Christian Turner Assistant Professor of Law University of Georgia School of Law eLangdell® Press 2012 | Bifalgorithm | Bifalgorithm