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The test for the threshold of originality is in the European Union whether the work is the author's own intellectual creation. This threshold for originality was harmonised within the European Union in 2009 by the European Court of Justice in Infopaq International A/S v Danske Dagblades Forening case. [9] [27]
The English word "creativity" comes from the Latin terms creare (meaning "to create") and facere (meaning "to make"). Its derivational suffixes also come from Latin. The word "create" appeared in English as early as the 14th century—notably in Chaucer's The Parson's Tale [1] to indicate divine creation. [2]
Originality is the aspect of created or invented works that distinguish them from reproductions, clones, forgeries, or substantially derivative works. [citation needed] The modern idea of originality is according to some scholars tied to Romanticism, [1] by a notion that is often called romantic originality.
To the ancient Greeks, the concept of a creator and of creativity implied freedom of action, whereas the Greeks' concept of art involved subjection to laws and rules. Art (in Greek, "techne ") was "the making of things, according to rules." It contained no creativity, and it would have been—in the Greeks' view—a bad state of affairs if it ...
Substantial creativity or "originality" is not required. Under a "sweat of the brow" doctrine, the creator of a work, even if it is completely unoriginal, is entitled to have that effort and expense protected; no one else may use such a work without permission, but must instead recreate the work by independent research or effort.
Creativity refers to the phenomenon whereby something new is created which has some kind of subjective value (such as an idea, a joke, a literary work, a painting or musical composition, a solution, an invention etc.). It is also the qualitative impetus behind any given act of creation, and it is generally perceived to be associated with ...
The latter work must contain sufficient new expression, over and above that embodied in the earlier work for the latter work to satisfy copyright law's requirement of originality. Although serious emphasis on originality, at least so designated, began with the Supreme Court's 1991 decision in Feist v.
Brain imaging studies have consistently reported that low-latent inhibition is associated with originality, creative personalities, and high levels of creative achievement. There have also been genetic studies conducted to consider genetic links between creativity and psychopathology.