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. NOVELTY. [Cases: Copyrights and Intellectual Property 12(1).]
2. The degree to which a product claimed for copyright is the result of an author’s independent efforts. Cf. CREATIVITY.
“ ‘Original’ in reference to a copyrighted work means that the particular work ‘owes its origin’ to the ‘author.’ No large measure of novelty is necessary.” Alfred Bell & Co. v. Catalda Fine Arts, Inc., 191 F.2d 99, 102 (2d Cir. 1951)(Frank, J.).
