Legal Dictionary of Pakistan

creativity. Copyright

The degree to which a work displays imaginativeness beyond what a person of very ordinary talents might create. Cf. ORIGINALITY. "Where creativity refers to the nature of the work itself, originality refers to the nature of the author's contribution to the work. Thus, a public domain painting may evince great creativity, but if a copyright claimant adds nothing of his own to it, by way of reproduction or otherwise, then copyright will be denied on the basis of lack of originality. Conversely, a work may be entirely the product of the claimant's independent efforts, and hence original, but may nevertheless be denied protection as a work of art if it is completely lacking in any modicum of creativity." 1 Melville B. Nimmer & David Nimmer, Nimmer on Copyright § 2.08[Bl[21, at 2-88 (Supp. 1995).