Other qualities of the reading

The reading has further generally desirable qualities of comprehensiveness (it can be shown to pass a commutation test, by which all aspects of the judgment can be assigned to particular parts of the reading), final simplicity, and economy, amounting to parsimony. It also has high utility through its potential for practical application.

Overall summaries of the argument are given here, both in discursive and logical form and solely as a sequence of logical statements. They confirm the economy, progressive development, and self-consistency of the argument and assist its recollection as a whole.

Summary of argument

Originality was required for copyright

t copyright <-> originality

A work is original, if and only if, it has at least some minimal degree of creativity and is independently created.

Original ((at least some minimal degree of creativity) A (independently created))

A minimal degree of creativity includes creativity.

A minimal degree of creativity creativity

A minimal degree of creativity is differentiated from ‘the creative spark ... utterly lacking or so trivial as to be virtually nonexistent’ (p. 358).

A minimal degree of creativity <-> ~ (creative spark utterly lacking ... so trivial as to be virtually nonexistent)

The ‘creative spark ... trivial as to be virtually nonexistent’ (p. 358) also includes creativity.

creative spark so trivial as to be virtually nonexistent creativity creativity

A minimal degree of creativity can be understood as contiguous with the creative spark so trivial as to be virtually nonexistent.

The ‘creative spark ... utterly lacking’ (p. 358), by contrast, excludes creativity and can be understood as uniquely corresponding to the negative of or antithesis to creativity.

(creative spark utterly lacking) ~ creativity

As the antithesis to creativity, the not creative, can be understood to imply creativity as its own unique antithesis, or, creativity if, and only if, not creativity.

creativity <->-(- creativity)

We could then proceed to elucidate creativity from this basis.

Creativity must apply to all works, extend from the lowest to the highest possible level, give rise to level and amount in combination, be knowable, and be consistent with ordinary discourse.

The creative spark utterly lacking for compilations was understood as

A compilation has not the slightest trace of creativity if, and only if, it is constructed by a so mechanical or so ... routine process and is an entirely typical or garden-variety end product.

Or

~ (A compilation has the slightest trace of creativity) ((so mechanical V so ... routine) A (entirely typical V garden-variety))

The creative spark utterly lacking is analogous, or broadly equivalent, to the concept of computability.

(so mechanical V routine) ~ computability

Mechanical in ‘so mechanical’ (p.362) was specifically equivalent to mechanical in a mechanical procedure

mechanical (so mechanical) = mechanical (automatic mechanical procedure)

ⁱ[S]o mechanical’ [emphasis added] corresponds to the most intense form of mechanical procedure, to an automatic mechanical procedure.

so mechanical = automatic mechanical procedure

Automatic mechanical procedure was then substituted for so mechanical in the creative spark utterly lacking, to yield

A compilation has not the slightest trace of creativity if, and only if, it is constructed by an automatic mechanical procedure or so ... routine process and is an entirely typical or garden-variety end product.

Or

~ (A compilation has the slightest trace of creativity) <-> ((automatic mechanical procedure V so ... routine) a (entirely typical V gardenvariety))

The statement was negated to yield a positive conception of creativity.

A compilation has the slightest trace of creativity if, and only if, it is not constructed by a so mechanical or so ... routine process and is not an entirely typical or garden-variety end product.

Or

(A compilation has the slightest trace of creativity) <-> ~ ((automatic mechanical procedure V so ... routine) a (entirely typical V gardenvariety))

A not automatic mechanical procedure, above a certain level of routinicity, meets all the conditions for creativity.

A work is creative if, and only if, it is not an entirely typical or gardenvariety end product constructed by an automatic mechanical procedure or a so ... routine process.

Or

Creativity ~ ((automatic mechanical procedure V so ... routine) A (entirely typical V garden-variety))

The inclusion of creativity in a minimal degree of creativity and in the creative spark so trivial as to be virtually nonexistent meant that creativity alone will not necessarily give rise to copyright.

(A minimal degree of creativity V creative spark so trivial as to be virtually nonexistent) creativity

A minimal degree of creativity consisted of creativity at an extremely low level, or more than a de minimis level, corresponding to an intellectual level, and a slight amount of creativity at that level.

The existence of a minimal degree of creativity could be progressively determined.

• • First, the required level can be read from the product, or, if necessary, by an enquiry into the circumstances of production.
• • Second, the sufficient amount at that level can then be determined from the exchange values connected with the product.

The understanding of a minimal degree of creativity meets the conditions established for it, that it should consist of level and an amount at that level and that it should be knowable.

The creative spark so trivial as to be virtually nonexistent can be understood to include levels of creativity below the required level and also creativity at or above the required but of insufficient amount. Creativity as direct human engagement with meaning, above a certain level of routinicity, could be integrated with both a minimal degree of creativity and the creative spark so trivial as to be virtually nonexistent.

(A minimal degree of creativity v creative spark so trivial as to be virtually nonexistent creativity) creativity

The independent creation also required for originality was understood as related to, but less extensive than, a minimal degree of creativity. We could then return to our initial logical representation of the meaning of originality.

Original <-> ((at least some minimal degree of creativity) A (independently created))

and rewrite it as

((at least some minimal degree of creativity) a (independently created))

Finally, we returned to our initial proposition, that copyright requires originality or

t copyright <-> originality

but with a fuller understanding of the requirement as constitutional and embodied in statute and with a full and sufficient understanding of originality and its constituents.

t copyright originality