Originality

In intellectual property law, originality is an essential condition for a work to be protected by copyright. It refers to the unique and distinctive character of a creation, which results from the creative and personal contribution of its author. A work is considered original if it reflects the personality of its creator and is not simply a copy or imitation of other pre-existing works.

Originality does not require the work to be innovative or exceptional from a technical standpoint, but rather that it displays a certain intellectual creativity that is unique to it. This concept applies to a wide range of works, such as literary, artistic, and musical works, software, photographs, designs, and architectural works

The criterion of originality varies slightly depending on national legislation, but as a general rule, for a work to be protected by copyright, it must demonstrate a certain degree of creativity. For example, in some countries, a work must be the product of its author’s imagination and not simply a reproduction of existing elements.

Originality also plays a role in other areas of intellectual property, such as patents and trademarks, although in these contexts, the concept of originality is replaced by more specific criteria, including novelty and distinctiveness.

In summary, originality in intellectual property law is the quality that allows a work to be recognised as having its own character and to be protected against unauthorised copying or use.