Commons:Threshold of originality/Others

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Threshold of originality
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This page gives overviews of Threshold of originality rules in miscellaneous unions and former countries. It is "transcluded" from individual page sections giving the rules for each territory.

Unions

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COM:TOO Andean Community

Andean Community

The Andean Court established in files about Threshold of originality based on the representation or subjectivity of their author's elements, as follows:

  • 295-IP-2019: "The protection of a copyright does not depend on the merit of the work or its purpose, nor on the complexity of the intellectual work or the production process, it depends on whether it possesses elements that demonstrate a sensible difference from its author, that individualizes their representativeness or subjectivity".[1]
  • 10-IP-1999: "Originality in compilations or databases does not consist in the 'expression' of the works or other elements collected, but in the 'selection' or 'arrangement' of the subject matter of the compilation".[2]
  • 248-IP-2015: This file establishes the criteria for industrial design based on distinctive features such as the "convergence of lines, combination of colors and external shapes in two or three dimensions" to obtain an "aesthetic purpose". This criteria applies only to utilitarian objects. Also quoted in file 392-IP-2017.
  • 358-IP-2017: "Originality implies that a work can be differentiated from other works of others. In their creation the author has imprinted elements of their own spirit. Two works may be considered original if one is not a reproduction of the other, and if each has elements that differentiate or individualize them".[3]
  • 713-IP-2018: "If the editorial design is the mere execution of the express and direct instructions, orders or directives of their contractor [...] it is difficult to affirm that the editorial design is an original work of their contractor". In this case it can only be protected if there is a creative process.
  • 121-IP-2013: "[In the works] the intellectual, artistic, technical, technological or scientific merit or height shall not be taken into account. [...] The same happens if a drawing or painting is made with a lack of plastic technique; originality is not granted by the artistic quality or the adequate use of the technique, it is obtained by being a reflection of the spirit of that human being who captured the strokes on the canvas or paper. This criterion is applied in architectural works cited in this IP.

For photographic and audiovisual works:

  • 143-IP-2017: "A simple photograph that does not meet the requirement of originality cannot be considered a photographic work and is consequently not protected by copyright". An example of simple photographs is a simple portrait or taken in automatic booths.[4]
  • 531-IP-2019: In the case of audiovisual creations, the originality of a work established for cinematography and its analogs with or without sound from collaborations of artists and utility personnel. In addition, artistic contributions may be exploited separately, subject to prior agreement with the production company. But videorecording, for example, does not constitute an audiovisual work and does not have full protection of economic rights.[5]
  • 371-IP-2017: This file establishes a particular case for related rights in broadcasting and production from non-individual multimedia works, "while related rights are not strictly considered artistic, literary or scientific creations, they contain sufficient creativity, technical dimension and disposition to qualify for the granting of an intellectual property right".[3][1]

Examples:

  • The logo for Lost Enterprises, which incorporated a stylized design of the planet Saturn was created and copyrighted in US (VAU586282), but was ruled below TOO in AC countries per 177-IP-2016 point 6.1 and Casación 1592 by Tribunal of Justice of Peru.
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European Union

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United Nations

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Former countries

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Czechoslovakia

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Free City of Danzig

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Manchukuo

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Ottoman Empire

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Soviet Union

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Yugoslavia

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Threshold of originality
Africa Americas Asia Europe Oceania Others
Some citation text may not have been transcluded
  1. ↑ a b Cite error: Invalid <ref> tag; no text was provided for refs named SentenciasTribunales
  2. ↑ Gaceta 468[1] (in spanish), Comunidad Andina, 1998
  3. ↑ a b Cite error: Invalid <ref> tag; no text was provided for refs named Criterios2019
  4. ↑ Cite error: Invalid <ref> tag; no text was provided for refs named ObraFotográfica
  5. ↑ Proceso 531-IP⁻2019[2] (in spanish), Comunidad Andina, 2019
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