Originality

For copyright purposes, originality has two requirements. First, the work must have been independently created by the author, as opposed to copied from another, previous work. A work can be original even if it closely resembles another work, "so long as the similarity is fortuitous, not the result of copying." In practice, the odds against an artist or author or musician creating a new work identical to an existing one, without knowing of the earlier work, are remote, and in cases involving suspiciously-similar works, where the later artist had access or opportunity to learn of the earlier work, courts have found the subsequent work infringing rather than original.

Second, the work must also possess "at least some minimal degree of creativity." The amount of creativity required for originality is extremely low; "a slight amount" of "creative spark" is all that is necessary, "no matter how crude, humble or obvious."

What qualifies as "original" for copyright purposes may not be considered "original" by, for example, those assessing the item's artistic, literary, or academic merit. Nor should "originality" be confused with "novelty," which is the touchstone of patent law, not copyright.