Re: True or False Question (Copying the copyrighted public

David Crosby wrote:
>
> How should one judge whether an original work of authorship contains
> that "minimal degree of creativity"? What constitutes any creativity?
> What is creativity? I do not recall the statute mentioning anything
> about creativity - did it come from the legislative history?

I don't know where it came from, and I think the reason that most copyright opinions have focused on originality rather than creativity is because judges tend to realize that the two terms are not synonymous, that originality is supported by statute and creativity is not, and that originality is reasonably discernable while "creativity" is so subjective as not to admit of measurement. I like to think judges recognize that they are asked to be judges, not critics, and therefore shy away from giving anything more than lip service to a "creativity" requirement.

Bob Cumbow
<cumbr[_at_]perkinscoie.com> Received on Fri Feb 14 1997 - 17:21:40 GMT