Meaning

The meaning of originality for copyright is given, immediately after the introduction of the requirement for originality.

Original, as the term is used in copyright, means only that the work was independently created by the author (as opposed to copied from other works), and that it possesses at least some minimal degree of creativity.

(Feist Publications, Inc. v. Rural Tel. Service Co., Inc., 1991, p. 345)

The meaning of originality, as distinguished from the requirement for originality, is only given once in the decision. Originality means only that the work

Originality 133 has a minimal degree of creativity and that it is independently created (that is, not copied).

A closely subsequent passage indicates that originality, in the meaning established, ‘does not signify novelty’ (p. 345). ‘[S]ignify’ (p. 345) can be understood as concerned with the implications of the meaning indicated and ‘not’ (p. 345) as indicating a negative implication, removing a potential confusion. The passage can then be understood as not significantly adding to, or subtracting from, the meaning of originality for copyright, although clarifying it

A further reference to ‘[o]riginality requires’ (Feist Publications, Inc. v. Rural Tel. Service Co., Inc., 1991, p. 358) can be revealed to be consistent with the meaning of originality.

Originality requires only that the author make the selection or arrangement independently ... and that it display some minimal level of creativity.

(pp. 358-359)

Making the selection and arrangement independently corresponds to independent creation and ‘some minimal level of creativity’ (pp. 358-359) [emphasis added] would be part of the minimal degree of creativity, composed of level and amount, included in the meaning of originality. ‘[R]equires’ (p. 358) can then be read as semantically included in ‘means’ (p. 345), consistent with the relation between means and requires in their ordinary discourse senses.

The meaning of originality is not, then, further developed, by subsequent references. The subsequent treatment of originality in the judgment is concerned with the application of originality requirement to compilations.

In summary, then, the treatment of originality in the judgment is concerned with the requirement for it and its meaning. The requirement is cumulatively developed and this renders it unambiguous and firmly rooted. The meaning of originality for copyright is given only once and is not subsequently modified. The initial statement of the meaning of originality is thereby confirmed as unique and authoritative. The understanding of originality used in the work here has been kept in rigorous accord with the meaning of originality for copyright, as constituted solely by a minimal degree of creativity and independent creation.

On the basis of a frill confirmation of the requirement for and meaning of originality, we can now move to a consideration of its yet unexamined constituent, independent creation, and its relation to the other constituent of originality, to a minimal degree of creativity.