Bifalgorithm post · Property · 1.08[C][1]. Originality does not signify novelty; a work may
Constitutional Requirement
Constitutional Requirement (Property · 1.08[C][1]. Originality does not signify novelty; a work may) — "Originality is a constitutional requirement. The source…
Ideas in this flowchart
- Originality is a constitutional requirement for copyright protection.
- Congress derives its copyright-law power from Article I, § 8, cl. 8, of the Constitution.
- The provision authorizes exclusive rights for limited times to authors over their respective writings.
- The Trade-Mark Cases and Burrow-Giles Lithographic Co. v. Sarony defined the terms “authors” and “writings.”
- Those decisions made clear that “authors” and “writings” presuppose a degree of originality.
- The originality requirement from those decisions remains the touchstone of copyright protection today.
- Originality is the premise of copyright law.
