Copyright. The degree to which a work displays imaginativeness beyond what a person of very ordi-nary talents might create. • Labor and expense are not elements of creativity; for that reason, they are not protected by copyright. Feist Pubs., Inc. v. Rural Tel. Serv. Co., 499 U.S. 340, 111 S.Ct. 1282 (1991). Cf. ORIGINALITY; SWEAT-OF-THE-BROW […]
creativity. Copyright. The degree to which a work displays imaginativeness beyond what a person of very ordi-nary talents might create. • Labor and expense are not elements of creativity; for that reason, they are not protected by copyright. Feist Pubs., Inc. v. Rural Tel. Serv. Co., 499 U.S. 340, 111 S.Ct. 1282 (1991). Cf. ORIGINALITY;
Copyright. 1. The quality or state of being the product of independent creation and having a minimum degree of creativity. • Originality is a requirement for copyright protection. But this is a lesser standard than that of novelty in patent law: to be original, a work does not have to be novel or unique. Cf.
The product of creative expression, such as literature, music, art, and graphic designs. • Copyright protects a work of authorship if it meets three criteria. First, the work must be original, not a copy. Second, the work must be presented in a fixed medium, such as a computer disk, a canvas, or paper. Finally, some
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originality n. 独创性 在版权法中，指作品获得版权保护的条件，亦即该作品是由作者独立创作完成的，并且至少具有最低程度的创造性〔creativity〕。美国最高法院在1991年的法伊斯特案〔Feist〕案中认为，「独创性」的宪法性要件中还应包括「创造性」这一独立要件，但这种「创造性的程度是非常低的，甚至只要有一丁点就足矣…」。作为作品保护要件的独创性，不同于专利法中的新颖性〔novelty〕标准。如果两个以上的作品在实体内容上同一，但它们是由各自作者独立创作的，那么就没有理由认为不能存在两个有效的版权。 (→novelty; copyright)
originality. Copyright. 1. The quality or state of being the product of independent creation and having a minimum degree of creativity. • Originality is a requirement for copyright protection. But this is a lesser standard than that of novelty in patent law: to be original, a work does not have to be novel or unique.
incentive theory. Intellectual property. The proposition that society grants creators exclusive rights to their intellectual property in order to stimulate further creativity. • The Patent and Copyright Clause of the U.S. Constitution declares that the purpose of exclusive-right protection is to “promote the Progress of Science and useful Arts.” U.S. Const. art. I, § 8,