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This page is a translated version of a page Commons:Threshold of originality and the translation is 6% complete. Changes to the translation template, respectively the source language can be submitted through Commons:Threshold of originality and have to be approved by a translation administrator.

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The threshold of originality is a concept in copyright law that is used to assess whether or not a particular work, or a portion of it, can be copyrighted. It is used to distinguish works that are sufficiently original to warrant copyright protection from those that are not. In this context, "originality" refers to "coming from someone as the originator/author" (insofar as it somehow reflects the author's personality), rather than "never having occurred or existed before" (which would amount to the protection of something new, as in patent protection).

The remainder of this page discusses images judged ineligible for copyright protection by a court or similar authority.

For further information, see Threshold of originality on Wikipedia.

Contents

United States

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Usono

No information available

Civil law countries

Civil law countries require a relatively high minimum level of intellectual creativity which will exclude typical signatures and simple logos from copyright protection.

If you are aware of specific case law or legal advice on this issue in any country, please add a "Threshold of originality" section to the appropriate Komunejo:Kopirajtaj reguloj laŭ teritorio country subpage, and add a link to it with an entry below.


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Afganio

No information available

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Aŭstrio

No information available

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Brazilo

No information available

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Ĉeĥio

No information available

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Ĉilio

No information available

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Ĉinio

No information available

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Danio

No information available

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Finnlando

No information available

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Francio

No information available

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Germanio

No information available

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Hungario

No information available

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Irano

No information available

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Irlando

No information available

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Italio

No information available

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Japanio

No information available

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Libio

No information available

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Luksemburgo

No information available

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Nederlando

No information available

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Norvegio

No information available

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Peruo

No information available

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Portugalio

No information available

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Rusio

  use {{PD-RU-exempt-autocam}}

A photowork or a videowork made by automatic camera (Russian: автоматическая камера, not to be confused with automated camera: автоматизированная камера) is not the subject of copyright, because such work is made by technical tool without creative human activity.

Examples

  • Any photowork or videowork made by automatic camera for administrative violation record (for example, by automatic camera for driving offense record[1]). The Supreme Court of the Russian Federation, Part 80 of Session Resolution No. 10 of April 23, 2019 on Application of Part IV of the Civil Code of the Russian Federation
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Senegalo

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Slovenio

No information available

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Sud-Koreio

According to a machine translation of the Copyright Act as amended up to Act No. 14634 of March 21, 2017,

  • "Work" refers to a creation that expresses human thoughts or feelings.[432/1957–2017 Article 2.2]
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Svedio

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Svislando

No information available

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Tajvano

No information available

Common law countries

Most Common law countries use a "skill and labour" test to determine the minimum level of originality capable of attracting copyright protection, and in some countries such as the UK the required level is extremely low. Without some research into individual laws, it cannot be assumed that a text logo from a Common law country is necessarily allowed on Commons. If there is real doubt about the position a local court would take, then the image must be deleted under the precautionary principle.

If the logo is extremely simple (e.g. in a standard font), it will not be eligible for copyright even in Common law countries.

If you are aware of specific case law or legal advice on this issue in any country, please add a "Threshold of originality" section to the appropriate Commons:Copyright rules by territory country subpage, and add a link to it with an entry below.

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Aŭstralio

No information available

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Kanado

No information available

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Honkongo

No information available

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Barato

No information available

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Israelo

No information available

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Niĝerio

No information available

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Nov-Zelando

No information available

No information available

Logos and flags

Architecture

Images which have been kept because of lack of originality or de minimis:

Note that some of these decisions were controversial.

Photographs

Photographs which have been deemed ineligible for copyright protection:

Charts

Charts which have been deemed ineligible for copyright protection. See the section farther down on partial copying or cropping of uncopyrightable elements from copyrighted works. See also: Commons:Chart and graph resources and its section on public domain charts on the web.

Partial copying or cropping of copyrighted works

When a file copies only part of a copyrighted work, that file's copyright status is determined only by what it has copied. If it only copied uncopyrightable elements, then the file is also uncopyrightable. In other words, we judge the copyright status of a file only by what the file itself contains, not by the status of other content the original source contained that was not copied by the file.

 OK This image of the front cover of a novel is public domain in the USA because it only copies uncopyrightable text, not copyrightable contents of the book itself or possibly-copyrightable contents of the back cover. (DR) It would probably not be PD in UK because of the UK's publisher's 25 year copyright on typography.

Lower threshold in United Kingdom etc.

Vidu ankaŭ

References

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  1. Cite error: Invalid <ref> tag; no text was provided for refs named FineCamera

For more complete, working references see Komunejo:Kopirajtaj reguloj laŭ teritorio and the individual countries and territories: