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Concept
Originality
Summary
Originality is the aspect of created or invented works that distinguish them from reproductions, clones, forgeries, or substantially derivative works. The modern idea of originality is according to some scholars tied to Romanticism, by a notion that is often called romantic originality. The validity of "originality" as an operational concept has been questioned. For example, there is no clear boundary between "derivative" and "inspired by" or "in the tradition of."
The concept of originality is both culturally and historically contingent. For example, unattributed reiteration of a published text in one culture might be considered plagiarism but in another culture might be regarded as a convention of veneration. At the time of Shakespeare, it was more common to appreciate the similarity with an admired classical work, and Shakespeare himself avoided "unnecessary invention". It wasn't until the start of the 18th century that the concept of originality became an ideal in Western culture.
In law, originality has become an important legal concept with respect to intellectual property, where creativity and invention have manifest as protectable or copyrightable works.
In the Berne Convention for the Protection of Literary and Artistic Works (1886) that has been adapted by 181 countries and city-states, "original work" gives a creator exclusive rights; protection for creative works are automatically in force upon their creation without being asserted or declared.
In the patent law of the United States, only original inventions can be subject to protection. In addition to being original, inventions submitted for a patent must also be useful and nonobvious.
In United States copyright law copyrights protect only original works of authorship, a property which has been historically and legally linked to a concept of "creativity". A work must pass a threshold of originality in order to be copyrightable. In other countries protection of a work often is connected to similar conditions.
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Related concepts (5)
Derivative work
In copyright law, a derivative work is an expressive creation that includes major copyrightable elements of a first, previously created original work (the underlying work). The derivative work becomes a second, separate work independent in form from the first. The transformation, modification or adaptation of the work must be substantial and bear its author's personality sufficiently to be original and thus protected by copyright. Translations, cinematic adaptations and musical arrangements are common types of derivative works.
Plagiarism
Plagiarism is the fraudulent representation of another person's language, thoughts, ideas, or expressions as one's own original work. Although precise definitions vary depending on the institution, in many countries and cultures plagiarism is considered a violation of academic integrity and journalistic ethics, as well as social norms around learning, teaching, research, fairness, respect, and responsibility.
Threshold of originality
The threshold of originality is a concept in copyright law that is used to assess whether 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).