9 ms·
It's not a precise standard, the exact boundaries of "creativity" would be left up to a judge to decide in a case where it was truly ambiguous. I'm pretty sure
by gh02t 9y ago
It's not a precise standard, the exact boundaries of "creativity" would be left up to a judge to decide in a case where it was truly ambiguous. I'm pretty sure that this specific case would count as a minor modification to a work in the public domain, which does not qualify.
https://copyright.uslegal.com/enumerated-categories-of-copyrightable-works/creativity-requirement/ https://copyright.uslegal.com/enumerated-categories-of-copyr...
- taneq 9y agoYeah, that was kind of my point. Including non-precise words in a legal document is like saying "a wizard did it".
- xg15 9y agoUsing deliberately undefined or "non-precise" words is a core concept in legal documents. It provides leeway and "escape hatches" where humans can decide if a law actually makes sense in a specific case. This is why we are talking about "spirit" vs "letter" of the law.