Commons:Threshold of originality
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The threshold of originality is a concept in copyright law that is used to assess whether or not a particular work can be copyrighted. It is used to distinguish works that are sufficiently original to warrant copyright protection from those that are not. In this context, "originality" refers to "coming from someone as the originator/author" (insofar as it somehow reflects the author's personality), rather than "never having occurred or existed before" (which would amount to the protection of something new, as in patent protection).
- For further information, see Threshold of originality on Wikipedia
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[edit] Threshold of originality casebook
See also: Commons:Image casebook[edit] Denmark
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The WWF panda logo not protected by copyright (Sø- og Handelsretten (The Maritime and Commercial Court) in March 1998, U 1998:946 S and NIR 69:3, p. 413-418 [2000])
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Three fonts not eligible for copyright protection (Supreme Court 30 June 2006, U2006.2697H). Two other fonts were found eligible for copyright.
[edit] Finland
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Simple photograph with limited copyright period – not a photographic work of art.
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Differences compared to the CoA of the historic region did not meet threshold of originality (TN 1998:5)
[edit] Germany
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German public broadcaster ARD[1]
[edit] Sweden
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Technical drawing
[edit] Switzerland
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1997 photo, not protected by copyright according to Swiss Supreme Court
[edit] United States
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Bridgeman v Corel: court ruling that 2D reproductions of the original art has no valid claims for new copyrights (case description)
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NFL abandoned its copyright claims on the fleur-de-lis (news report)
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Best Western hotels (authority)
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DUB Magazine (authority)
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Nikken USA Inc. (authority)
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Bruce Lee core symbol (authority)
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New York Arrows logo (case report}
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Car Credit City logo: court rules that this logo was derivative of an older copyrighted logo (authority)
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Symbols for "Myst" (authority)
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Letter S (authority)
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Registration was cancelled (authority)
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Registration refused (authority)
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Ets-Hokin v Skyy Spirits Inc
photo is protected, but not the bottle -
A plastic version lacked originality (L Batlin & Son v. Snyder)
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Koosh balls; "inseparable", OddzOn Products, Inc. v. Oman (case report)
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addition of shading, colors, labels to a free black and white outline map (case report)
[edit] Commons
- The logos in these images may *not* be eligible for copyright protection
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claimed not to reach the threshold
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claimed not to reach the threshold
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"background isn't elaborate or eligible for any type of copyright" (decided here)
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(DR)
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(DR) "PD text logo -- no question"
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[edit] Architecture
Images which have been kept because of lack of originality or de minimis:
[edit] Photographs
Photographs which have been deemed ineligible for copyright protection:
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(DR) Three-dimensional object (drawer pull) with bevels and cast shadows
[edit] Common law countries
Most Common law countries use a "skill and labour" test to determine the minimum level of originality capable of attracting copyright protection, and in some countries such as the UK the required level is extremely low. Without some research into individual laws, it cannot be assumed that a text logo from a Common law country is necessarily allowed on Commons. If there is real doubt about the position a local court would take, then the image must be deleted under the precautionary principle.
If the signature is extremely simple (e.g. a scribbled line or two), it will not be copyright even in Common law countries.
If you are aware of specific caselaw or legal advice on this issue in any country, please add an entry below.
[edit] UK
Not OK for a most logos. The level of originality required for copyright protection in the UK is very low.
- These images are eligible for copyright protection
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Clerical Medical.png
[edit] References
- ↑ Schack, Haimo. Urheber- und Urhebervertragsrecht (in german).
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