3 ms·

Is creativity a legal concept?

• hnfong 3y ago
  Yes. But the bar for creativity is very low for a work to be considered copyrightable. See eg https://www.copyright.gov/comp3/chap300/ch300-copyrightable-authorship.pdf https://www.copyright.gov/comp3/chap300/ch300-copyrightable-... 308.2 Creativity A work of authorship must possess “some minimal degree of creativity” to sustain a copyright claim. Feist, 499 U.S. at 358, 362 (citation omitted). “[T]he requisite level of creativity is extremely low.” Even a “slight amount” of creative expression will suffice. “The vast majority of works make the grade quite easily, as they possess some creative spark, ‘no matter how crude, humble or obvious it might be.’” Id. at 346 (citation omitted).