Define: Original Work Of Authorship

An original work of authorship refers to any creative expression that is the result of an individual’s intellectual or artistic effort. This can include literary works, such as books, articles, and poems, as well as musical compositions, dramatic works, artistic creations, and other forms of creative expression. In legal terms, original works of authorship are protected by copyright law, which grants the creator exclusive rights to reproduce, distribute, perform, and display their work. To qualify for copyright protection, a work must be original, meaning it is independently created and possesses a minimal degree of creativity. Copyright protection allows creators to control how their works are used and to receive recognition and compensation for their creative endeavours.

Under U.S. copyright laws, any type of expression independently conceived by its creator. As long as a particular expression has been independently created, it need not be original in the sense of “new.” For example, if Thomas Dowel never heard of or read One Flew Over the Cuckoo’s Nest, by Ken Kesey, but somehow managed to write a play very similar to it, Dowel’s play would qualify as original and would be protected by copyright law. Many creations qualify as works of authorship, including sheet music, movies, records, tape recordings, video disk productions, computer software, laser disk games, cartoons, designs, magazines, poems and books. The few categories that don’t qualify include titles of books, movies and songs; short phrases and slogans; printed forms; compilations of facts; and works consisting entirely of information that is public domain property – for example, lists and tables taken from public documents. Items in these categories are considered too short or too lacking in originality to qualify for copyright protection.

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This glossary post was last updated: 29th March, 2024.