공용:창작성의 기준

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This page is a translated version of a page Commons:Threshold of originality and the translation is 34% 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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저작권
시카고 유니언 역의 로고는 단순한 서체의 텍스트로만 구성되어 있으므로 "저작물"의 요건을 충족하지 않기 때문에 미국 법에서 저작권의 대상이 아닙니다. 하지만, 이 로고는 여전히 상표권의 보호를 받고 있습니다.
시카고 유니언 역의 로고는 단순한 서체의 텍스트로만 구성되어 있으므로 "저작물"의 요건을 충족하지 않기 때문에 미국 법에서 저작권의 대상이 아닙니다. 하지만, 이 로고는 여전히 상표권의 보호를 받고 있습니다.

창작성의 기준은 특정 저작물 또는 그 일부가 저작권의 보호 대상인지의 여부를 판단하는 데 사용하는 저작권법의 개념입니다. 저작권의 보호를 보장하기에 충분한 저작물과 그렇지 않은 저작물을 구별하는 데 사용됩니다. 여기에서의 "창작성"은 "이전에 발생한 적이 없거나 존재한 적이 없는 것"(특허 보호와 같은 새로운 것을 보호하는 것과 같습니다.) 보다는 "원작자/저자로서 누군가로부터 유래된 것"(저작자의 성격을 반영하는 한)을 의미합니다.

원칙적으로 저작권은 저작물 전체에 적용됩니다. 저작물에 저작권 보호를 받을 만큼 복잡한 부분이 포함되어 있으면, 전체 저작물에 저작권이 있는 것으로 간주됩니다. 사소하지 않은 부분에 사소한 이용을 적용하여 위키미디어 공용에 업로드할 수 없습니다.

이 페이지의 나머지 부분엔서는 법원 또는 유사한 기관에서 저작권의 보호를 받을 조건을 충족할 수 없다고 판단된 이미지에 대해 설명합니다. 일반적으로 판결 없이 특정 이미지가 창작성의 기준 내에 있는 지의 여부를 판단할 수 없습니다. 그러나, 사전 예방 원칙에 따라 이미지에 저작권이 없는 것이 의심될 경우에는 이미지를 삭제해야 합니다.

자세한 정보는 위키백과의 창작성의 기준을 참조하십시오.

"창작성의 기준"이 국가별로 어떻게 다른 지 보여주는 자료.

지도

[This illustration is not explained enough. You may edit the page to make it clearer.]


텍스트가 다음에서 변환됨
COM:TOO United States

미국

사용 가능한 정보 없음

대륙법계 국가

대륙법계 국가는 일반적으로 저작권 보호에서 일반적인 서명과 단순한 로고를 제외하는 비교적 높은 수준의 지적 창의성을 요구합니다. 그러나 이것이 그러한 모든 국가에 적용되지는 않습니다. 예를 들어, 오스트리아와 중화인민공화국은 창작성의 기준이 상대적으로 낮은 것으로 알려져 있습니다.

특정 국가에서 이 문제에 대한 특정 판례법 또는 법적 조언을 알고 있는 경우, 해당 공용:지역별 저작권 법규 국가 하위 페이지에 "창작성의 기준" 섹션을 추가하고 아래 항목에 링크하세요.

텍스트가 다음에서 변환됨
COM:TOO Afghanistan

아프가니스탄

사용 가능한 정보 없음

텍스트가 다음에서 변환됨
COM:TOO Austria

오스트리아

Austria has a low threshold of originality despite being a civil law country. See the archived discussion on the German Wikipedia.

These logos are  괜찮지 않음:

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COM:TOO Brazil

브라질

There are some court cases related to threshold of originality in Brazil. According to one study, and the court decisions contained in it, the concept of creativity in Brazil is way more strict and exigent than in the United States, and consequently the threshold of originality is considerably higher than the United States, which is the general reference in Commons.[5]

Examples:

  • 괜찮습니다. In the case of Boneco de Preço Miúdo (2011), puppets that were a tridimensional and humanized version of a logo were deemed by the court to lack enough originality to be protected. The court considered that there was no originality or unpublished work in the puppets because they represented an already existing symbol (the supermarket's logo), and that there were already previous 3D and humanized versions of that logo. The court did not grant any value nor legal protection to the specific 3D and humanized version of the logo in question, and called it something like a "stylization subordinate to a previous idea".[6]
  • 괜찮습니다. Copyright for compilations/ reorganizations of already existing elements has often been rejected on court, hinting that the threshold for what constitutes an "intellectual creation" in this respect is quite high in Brazil.[7]
  • 괜찮습니다. Slogans are generally acceptable. In rare occasions they may be protected, when there is such a level of creativity as to attain the level of a literary work. For example, in the Guerra das Moedas court case (2013), copyright in the expression was not recognized by the court. The verdict stated that the language is the cultural patrimony of the people, so language expressions can't be protected by law. The Rede Globo vs. Ronaldo Ciambroni case was similar.[8][9]

Some examples help define which photos are, and are not, "artistic creations", and therefore object of protection under the 1973 copyright law:

  • 괜찮습니다. The facade of the Jung Frau building, in Joinville, as well as partial views of the city, when photographed in an obvious simple way, without employment of any special ("diferenciada") technique". The court ruled: "photographs are not considered artistic creations ... that portray in a manifestly simple way, without use of any differentiated technique, the front of a residential building and a partial view of the city, under a service contract with a real estate business with a predefined advertising purpose"[10]
  • 괜찮습니다. Simple documentary, descriptive photographs in general, such as photographs documenting social reunions: In SC-AC 111630 SC 2002.011163-0 (2006): "mere photographic documentation, without artistic character, does not qualify for copyright ... making it possible to use a copy without mention of the photographer's name, since, according to Brazilian law, only artistic photography (by choice of the object and conditions of execution) is listed among protected works. ... [for example] with documentary photographs of social gatherings, where the author was performing duties for the defendant, a reference to the photographer's name is not required because it is not an artistic work..."[11]
  • 괜찮습니다. A 2000 ruling stated: "Photographs for identity documents, produced by automatic machines, are not artistic works. ... Neither should purely technical photographs, which reproduce a certain object without the slightest artistic concern, be protected by copyright."[12]
  •  괜찮지 않음 Another 2000 decision stated: "the photos [...] have an artistic character characterized by the originality, creativity and technique of its author, elements that reveal ... a work of art. They are not, as the appellant claims, mere reproductions of images for advertising purposes, or common snapshots."[13]

Puppets who were a tridimensional and humanized version of this logo were deemed in court to lack enough originality to be protected.

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COM:TOO Czech Republic

체코

The work must be "a unique outcome of the creative activity of the author".[121/2000–2006 Art.2(1)]

For photographs and computer programs, it suffices if the work "is original in the sense that it is the author’s own intellectual creation".[121/2000–2006 Art.2(2)]

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COM:TOO Chile

칠레

Registration in the Intellectual Property Registry generates a "presumption" of copyright in favor of the registrant. Any work may be registered for "presumed" copyright, but Law No. 17.336 clearly states the "presumed" copyright may be contested. That is because, as established in "Astorga Sánchez José / Inversiones C. S. A.", C-2470-2009, 17.° Juzgado Civil de Santiago (28 October 2011), the Intellectual Property Conservator (Conservador) only makes the deposit of the documents into the registry, does not make an examination of their originality, or to determine whether the deposited documents are works or not, and so certificates of intellectual property generated by the Intellectual Property Registry do not establish that a work is new, original or viceversa. The Conservator of Intellectual Property expressed in 2011 it is up to the judicial system "to carry out an originality test to define whether the creation is indeed a particular manifestation of human ingenuity that can be classified as original compared to other equivalent creations, analyzed from a subjective perspective, that is, that the imprint or trace of the author can be perceived, that allows it to stand out from others". Such pronouncement was adhered to by the 17th civil judge of Santiago.[14]

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COM:TOO China

중국

사용 가능한 정보 없음

텍스트가 다음에서 변환됨
COM:TOO Denmark

덴마크

Status Example Notes
괜찮습니다
Three fonts not eligible for copyright protection (Supreme Court 30 June 2006, U2006.2697H). Two other fonts were found eligible for copyright.
괜찮습니다
Sketches of windows and doors not eligible for copyright protection (The Maritime and Commercial Court 8 August 2003.)[15][16]
괜찮습니다
The WWF panda logo is not protected by copyright[17]
 괜찮지 않음
The GLOBAL knife design is copyright protected in Denmark.[18]
 괜찮지 않음
A specific chair design (Tripp Trapp).[19]
텍스트가 다음에서 변환됨
COM:TOO Finland

핀란드

For works of visual art, the threshold of originality is relatively low.[20]

Simple logos, however, are generally below the threshold of originality.[21] In particular, the threshold is high when only basic colors and shapes (such as triangles, squares and circles or capital letters) are used.[22][20]

OK
Simple photograph with limited copyright period – not a photographic work of art. (TN 2003:6)
OK
Differences compared to the coat of arms of the historic region did not meet threshold of originality. (TN 1998:5)
 괜찮지 않음 Commons:Deletion_requests/Aalto_vases "The wave-like forms of the [original Aalto vases] do not... result from the intended use of the object but the creative mental effort of the author. [Therefore the original vases] are independent and original enough to be considered works of art as meant in 1 § of [the Finnish Copyright law]" (p. 4). (TN 2010:10)
OK A specific house type (Eurohouse S 2, court ruling)
OK
The logo is below the threshold of originality because it is "ordinary and [does] not express an independent and original result of a creative process of its author. Somebody else in undertaking a comparable task could have contrived a similar ... logo". (TN 2000:1)
 괜찮지 않음 Save the Children Fund logo The logo is above the threshold of originality, because its "visual manifestation is the creative work of its author, whereby the ideological basis of the fund has been successfully conformed with in an independent and original manner... [N]o one else undertaking a comparable task could have reached a similar outcome". (TN 2010:3)
OK

and

The logos are "in their literary and visual manifestation simple and ordinary to the degree that they are not to be regarded as original works in their own regard." (TN 2009:2)
OK
The logo is "is not original and independent in such a way that it would be protected ... by copyright". (TN 2011:7)
OK
The logo is below the threshold of originality because "its central elements and the way in which they have been combined are commonly used in logos and are thus ordinary". (TN 2000:1)
 괜찮지 않음 "Silmu" logo Although the logo consists of a "stylized, albeit fairly simple, red tulip", it is above the threshold of originality for works of visual art. (TN 2001:12)
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COM:TOO France

프랑스

French law asserts that a work is copyrightable when it bears the "imprint of the personality of the author". In practice, it depends on the work in question, but this has left the bar quite low for many works where an artistic intent can be shown. For an art exhibition, a man placed the word paradis with gold lettering above the bathroom door of the old dormitory of alcoholics at a psychiatric facility, and termed it artwork; the French courts agreed with him that it was copyrightable based on the aesthetic choices made ("affixing the word 'paradise' in gold with patina effect and a special graphics on dilapidated door, the lock-shaped cross, encased in a crumbling wall with peeling paint").[23]

France has "a slightly higher threshold of originality in general, and particularly so in the context of photographic works".[24]

A decision from Supreme court (Cour de Cassation) on October 2011 agreed with appeal court decision saying that a quite artistic picture of two fish on a yellow plate about a traditional Marseille meal could not be protected by French law because of lack of originality.[25] According to this decision, level of originality required by this appeal court is very high. This decision was criticized but French supreme court does not control facts but only controls interpretation of the law. In 2017, copyright protection on this image of Jimi Hendrix was restored after a court initially denied protection.

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COM:TOO Germany

독일

사용 가능한 정보 없음

텍스트가 다음에서 변환됨
COM:TOO Greece

그리스

The term “work” is defined as including any original intellectual creation expressed in any form, including alterations of other works as well as collections of works, provided that the selection or the arrangement of such collections is original.[26]

Originality is understood by Greek jurisprudence as a notion of “statistical uniqueness”, which means that the work involves skill, labor and judgment emanating from the author and that no other person, acting under the same circumstances, could produce the exact same work.[27]

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COM:TOO Hungary

헝가리

괜찮습니다

  • stylized text with a common stylized globe icon (does not show the actual image).[28]

 괜찮지 않음

텍스트가 다음에서 변환됨
COM:TOO Indonesia

인도네시아

Indonesia's threshold of originality is reportedly low, being based on common law ("Anglo-American model") principles, with "wallpaper, wrappers, packaging designs and technical drawings" being registered by copyright authorities.[30]

텍스트가 다음에서 변환됨
COM:TOO Iran

이란

 괜찮지 않음for most logos. The level of originality required for copyright protection in Iran seems very low.

The following are registrable for copyright protection: "(...) pictures, drawings, designs, decorative writings, (...) or any decorative and imaginative work produced in any simple or complex manner "

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COM:TOO Italy

이탈리아

Hogan Lovells states "In summary, the threshold for an industrial design product to enjoy copyright protection is still quite high and even famous industrial design products have been denied such protection by Italian Courts."[31]

Probably this applies to logos too. These files have been kept as simple logos:

But the logo of AC Parma was deleted as being a complex logo.[32] Another Parma logo has been deleted but then restored.

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COM:TOO Japan

일본

사용 가능한 정보 없음

텍스트가 다음에서 변환됨
COM:TOO Libya

리비아

For photographic and cinematic works which are limited to the mere mechanical transmission of scenery, rights expire 5 years from the date of first publication.[9/1968 Article 20]

텍스트가 다음에서 변환됨
COM:TOO Luxembourg

룩셈부르크

According to Jean-Luc Putz, the threshold of originality in Luxembourg is not as strict as in UK but not as liberal as in Germany. During the legislation the intent was to orientate with other Benelux states or France.[33]

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COM:TOO Mexico

멕시코

As indicated above, the following are examples of what is and what is not protected under the 1996 copyright law:

These images are 괜찮습니다 to upload to Commons
  • Letters, digits or isolated colors
    Letters, digits or isolated colors
  • Names and titles or isolated phrases
    Names and titles or isolated phrases
  • Simple formats or blank forms to be filled with any type of information, as well as their instructions (example picture)
    Simple formats or blank forms to be filled with any type of information, as well as their instructions (example picture)
  • Reproductions or imitations, without authorization, of shields, flags or emblems of any country, state, municipality or equivalent political division
    Reproductions or imitations, without authorization, of shields, flags or emblems of any country, state, municipality or equivalent political division
  • Reproductions or imitations, without authorization, of international governmental, non-governmental organizations, or of any other officially recognized organization
    Reproductions or imitations, without authorization, of international governmental, non-governmental organizations, or of any other officially recognized organization
These are  괜찮지 않음 to upload to Commons (unless published under a free license by the copyright holder), because they are above the threshold of originality required for copyright protection and are not covered by the law itself.
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COM:TOO Netherlands

네덜란드

Simple logos are okay in the Netherlands but not all logos are. Whether something is above the threshold of originality in the Netherlands is defined in the Supreme Court judgment "'Van Dale/Romme'". In this judgment, the Supreme Court ruled that:[34]

  • In assessing the ground of cassation it should be noted that, for a product to be considered a work of literature, science or art as meant in article 1 in conjunction with article 10 of the Copyright law (Auteurswet), it is required that it has an own, original character and bears the personal mark of the maker.

This was further specified in the Supreme Court judgment ''Endstra-tapes':[35]

  • The product has to bear an own, original character. In short, this means the shape may not be based on that of another work. (cf. article 13 Aw.) The demand that the product has to bear the personal mark of the maker means that there has to be a shape that is the result of creative human labor and thus creative choices, which therefore is a product of the human mind. In any case, excluded from this is everything that has a shape that is so trivial or banal, that one cannot show any creative labor behind it of any kind whatsoever.

Later the Supreme Court determined in judgment on Stokke v. Fikszo that:[36]

  • For a work to be eligible for copyright, it is necessary that the work has an own original character and bears the personal mark of the maker ... The Court of Justice of the European Union has has formulated the benchmark in such a way that it must concern "an intellectual creation of the author of the work".
텍스트가 다음에서 변환됨
COM:TOO Norway

노르웨이

Not protected

Two-minute theatre play.[37]

Protected
텍스트가 다음에서 변환됨
COM:TOO Peru

페루

Indecopi established parameters to qualify the originality of graphic and photographic compositions. Because of the higher originality threshold (independent of its endeavour, novelty, inspiration and technique, the requirement is to leave some space for the development of its author's personality, not a copy or imitation, referred as "originalidad subjetiva"),[39] simple designs, non-production videographic creations and old photographs without demonstrating their individuality can be uploaded to Commons. See also Andean Community: Threshold of originality.

Simple photographs

Old published photographs have a copyright term of 20 years counted from the first of January of the year following that of the disclosing of the photograph before 1976. The notes shown are based on the rescinded 1961 law:

  • For old pictures taken prior to 31 December 1975 and which were not published within an author's own work  fail to meet the general definition of a "work" under 1961 law (and Article 3.4 of Universal Copyright Convention: "The provisions […] not apply to photographic works […] shall not be less than ten years").[40] The duration of the photograph was for 20 years after performed its first copy, without the author presenting this in a literary, scientific or documentary work, from January 1 of the following year.[13714/1961 Art. 27] They were not renewed during the URAA date.[13714/1961 Art. 27 and 57] Use {{PD-Peru-photo}}.
  • The duration is reduced if the following occurs: when the author did not place the name of the label with the message "Reproduction prohibited" or that the author published in a work without a full name or under an unknown pseudonym.[13714/1961 Art. 58] The duration of anonymous works prior to 31 December 1980 was 15 years after publication and expired on 1 January 1996. They were not renewed during the URAA date. Use {{PD-Peru-anonymous}}.
  • If they were used in literary or scientific works, they were documentary works or are reproductions of artistic material "of private domain", and the author died before 1946 (of before 1966 if someone had no family heirs), the law considers the photographs as the author's work (life + 30/50 years).[40] In the case of collective works, the date is considered to be the last survivor. If they died after 1947, they are protected by the current law. Use {{PD-Peru-1961law}}.

Recent published photographs below threshold have a copyright term of 70 years counted from the first of January of the year following that of the taking of the photograph. Fortunately, this term usually flexible in the cases and facts shown below:

  • The general definition of a "work" in the 1996 law is "any personal and original intellectual creation capable of being disclosed or reproduced in any form that is or may yet become known".[822/1996 Art.2(17)] Simple photographs taken or disclosed since 1976 are those which  fail to meet the general definition of a "work" and only receive neighbouring rights,[822/1996 Art.144] but works above this threshold will receive standard protection (life + 70 years, see below).
  • The Court of Indecopi believes that originality in a photograph should be limited to the originality of any work, requirements to protect against plagiarism. According to article 3.c of the Regulation of Inscriptions in the Registry National Copyright Act, provides that "no may be subject to registration the photographs that are limited to simple reproductions of people, of things, or of objects already existing or showing a mere documentary character [...] photography to be a work can not constitute only a simple reproduction of already existing objects".[41]
  • Derecho PUCP journal explains examples of highly distinguishable events that surpass the threshold of originality: creative use of lights, unique moment, transmission of a message in their work and the photographer's personality. Below these and other criteria, simple photographs are legislated under Legislative Decree 1044 on unfair competition.[42]

Examples for photographs under 1961 law:

  • Photography within an advertisement not considered "literary work". Image protection expired in 1988. It also can't be protected in the 1996 law. See UR.
    Photography within an advertisement not considered "literary work". Image protection expired in 1988. It also can't be protected in the 1996 law. See UR.
  • Photography taken in 1973 for a sports magazine. Because this is a journalistic assignment for an organization, the photograph remained protected for 20 years until its expiration in 1993. It also can't be protected in the 1996 law. See DR.
    Photography taken in 1973 for a sports magazine. Because this is a journalistic assignment for an organization, the photograph remained protected for 20 years until its expiration in 1993. It also can't be protected in the 1996 law. See DR.

Examples for photographs under 1996 law:

  • In 2002 the Court considered two images of household appliances as below of threshold of originality due to the lack of creative evidence, despite they are in a catalog with individuality. See Resolution No 354-2002/TPI-INDECOPI.[43]
  • Also, in 2002 the Court ruled that a magazine photograph of Skándalo boy band in ordinary dress and solid-colored background receives related rights-only because it lacks individuality. See Resolution No 378-2002/TPI-INDECOPI, Alomi Producciones S.A.C. v Karinto S.A p.13.[41]
  • In 2007 the Court justified a photograph of gift box for a web catalog as original work because of its shade selection and during the editing process it carried meticulous details, specifically the colored shade artificially created. See Resolution No 1263-2007/TPI-INDECOPI, Enrique Capella v Grupo Americano de Comercio S.A.C. and Citybank del Perú S.A p.4.[44]
  • In 2008 the court determined that press snapshots of sporting, political or weather events lack originality for lack of prior preparation in their production. See Resolution No 2521-2008/TPI-Indecopi, Agencia Efe S.A. v Las Rosas Editorial S.A.C.
  • In 2012 the Court concluded that non-artistic techniques of photographs are not protectable (for example, scanning). See Resolution No 059-2012/TPI-Indecopi and Indecopi (2015), p.75.[45]
  • In 2013 Indecopi deduced that a promotional photograph of a model wearing clothes of a textile company does bear originality due to the framing, focus and composition to highlight her outfit. See Resolution No 0384-2013/CDA-INDECOPI, Peruvian Connection Ltd. v SENATI p. 9 and 10.[46]
  • In 2021 the criteria for originality of photographs were simplified to three points: transmittable, framed and lighting that shows their personality. Between pages 77 and 82 of this resolution the court evident that press photographs from Hildebrandt en sus trece magazine do carry originality because they focus on the gestures of the photographed and the depth of the camera. See Resolution No 0096-2021/TPI-INDECOPI, Plutón Editores S.A.C. v DP Comunicaciones S.A.C..
Videographic process

There is threshold of originality for audiovisual creations but their protection is similar for both works and recordings (publish/create + 70 years). While cinematographic works ("obra audiovisual") are protected in their entirety, the related rights can only be granted to the producer of non-artistic filming ("grabación audiovisual"),[822/1996 Art. 140] which also include performance and broadcasting.[822/1996 Art. 143] Resolution 000111-1999-ODA-INDECOPI establishes differences between the two terms, in particular, and in a similar way to simple photographs, the fixation of the succession of images. But, Resolution 371-2001/TPI-INDECOPI establishes that the main requirement to receive related rights from the producer of non-artistic filming consists of: "present in their creation process a certain degree of creativity, technical or organizational skill sufficient to justify the recognition of a similar right in their favor" (p.e. Pay-per-View events).

Theoretically, a security camera captures in a public place could  lack of their producer (as a public asset is mainly assumed to Peruvian State) to be in the public domain. Security camera footage from Sistema Nacional de Seguridad Ciudadana is provided anonymously to the Peruvian National Police or Public Prosecutor's Office like state cameras in public areas, there is no knowed evidence from the original producer of the material.[N° 007-2020-IN Art. 18] Opinión Consultiva 60-2019-JUS/DGTAIPD indicates that footage records are disclosure if these are for public interest and share in open data process (see also Works by the Peruvian Government ),[N° 007-2020-IN Art.22] the places filmed correspond to "places of public domain",[N° 007-2020-IN Art. 7] human monitoring exists but does not interfere with the surveillance camera's technical or creative ability for recording.[N° 007-2020-IN Art. 2] Also it isn't artistic work since its custody cannot be altered from the original,[N° 007-2020-IN Art. 19] as a result, the footage is below the threshold of originality and don't comply with related rights of article 143 of the 1996 law.[47][48] Moral rights prevail of the person involved in this media. For these footage in official works, use {{PD-PE-exempt}}.

Logos, designs and other works

Simple or ordinary logos and designs are OK to upload to Commons, because they are below the threshold of originality required for copyright protection. In words of Indecopi and Ministry of Justice and quoting Resolutions No. 1349-2001/TPI-INDECOPI (first paragraph) and 0286-1998/TPI-INDECOPI (second paragraph):

“ According to Article 3 of Decision 351 [of the Andean Decision], in accordance with Article 2 of Legislative Decree No. 822, a work is understood to be any original intellectual creation of an artistic, scientific or literary nature, susceptible of being disclosed or reproduced in any form.[...] Whatever already part of the cultural heritage -artistic, scientific or literary- will not be considered [original creation], nor will [original] the form of expression that derives from the nature of things or from mechanical-only application of the provisions of certain legal norms, nor will [original] the form of expression that is reduced to a simple technique or simple instructions that only require manual skill for this execution. ”

—Indecopi, La originalidad como requisito de protección por derechos de autor ("requisito de la originalidad"), Precedentes y normativa del Indecopi en Propiedad Intelectual (2015)[45]

In 18th paragraph in Casación Número: 1686-2011 explains the use of originality with architectural works satisfying utilitarian functions:

“ The originality of the architectural work [...] must be sought essentially in the creative features that are most distinguishable from the purposes of the model, its nature, its geographic and landscape context, and the functional requirements of the costumer, as well as the technical and urban planning standards applicable to the case; and respond rather, in a particular way or as totality, to the individuality or artistic personality of the author. [An] architectural model [...] must be subjected to analysis for the purpose of identifying whether they respond only to elements of functionality or natural characteristics of the species to which they belong or, on the contrary, contain features that correspond to the whim or personality that the author has wanted to attribute to them, beyond their functionality or technical rigor, resulting in giving individuality to the work, in relation to the rest of the constructions of its species. ”
  • Telefónica v Deutsche Telekom (Resolución N° 1127-1998/TPI-INDECOPI)[45]: "It's not possible to grant a monopoly on this letter in favour of a single holder".
    Telefónica v Deutsche Telekom (Resolución N° 1127-1998/TPI-INDECOPI)[45]: "It's not possible to grant a monopoly on this letter in favour of a single holder".
  • Agrotrade S.R.LTDA. v Infutecsa E.I.R.L. (Resolución Nº 0286-1998/TPI-INDECOPI)[45]: "When it is certain that a creation lacks individuality and has been copied verbatim, it does not make it a work".
    Agrotrade S.R.LTDA. v Infutecsa E.I.R.L. (Resolución Nº 0286-1998/TPI-INDECOPI)[45]: "When it is certain that a creation lacks individuality and has been copied verbatim, it does not make it a work".
  • Resolución Nº 1370-2011/TPI-INDECOPI: "Although it is not a common typeface and may eventually show some differences with respect to the classic graph, this is not sufficient to consider that the work is protected by copyright".
    Resolución Nº 1370-2011/TPI-INDECOPI: "Although it is not a common typeface and may eventually show some differences with respect to the classic graph, this is not sufficient to consider that the work is protected by copyright".
  • Resolución Nº 0366-2011-TPI-INDECOPI: "The title of the poster consists of a sentence without creativity and directly informs and announces the content of the event".
    Resolución Nº 0366-2011-TPI-INDECOPI: "The title of the poster consists of a sentence without creativity and directly informs and announces the content of the event".
  • Corporación Oro Verde S.A.C. v Industrias Alimenticias Cusco S.A. (Resolución Nº 008-2008/CDA-INDECOPI): "The borders with Inca motifs and the typeface used to represent the word "CUSCO" do not meet the requirement of originality sufficient to be considered an artistic work".
    Corporación Oro Verde S.A.C. v Industrias Alimenticias Cusco S.A. (Resolución Nº 008-2008/CDA-INDECOPI): "The borders with Inca motifs and the typeface used to represent the word "CUSCO" do not meet the requirement of originality sufficient to be considered an artistic work".
  • Carga Máxima v Del Barrio and Compañía Peruana de Radiodifusión (Resolución Nº 0209-2019/CDA-INDECOPI): the court determined that the "squeaky font style" from Chicha posters for this logo is not original due to its common usage.
    Carga Máxima v Del Barrio and Compañía Peruana de Radiodifusión (Resolución Nº 0209-2019/CDA-INDECOPI): the court determined that the "squeaky font style" from Chicha posters for this logo is not original due to its common usage.
  • Resolución N° 0546-2005/TPI-INDECOPI: In the "drawing", they bear the texts and the crown of the Statue of Liberty, which lack individuality.
    Resolución N° 0546-2005/TPI-INDECOPI: In the "drawing", they bear the texts and the crown of the Statue of Liberty, which lack individuality.
  • Resolución N° 0698-2014/TPI-INDECOPI: "The fact that [...] the exclamation mark is written in an irregular form and that each letter or sign has a different color, [does not] determine that such characteristics endow the design applied for registration with the features of originality required by the norm to provide it with protection as a work".
    Resolución N° 0698-2014/TPI-INDECOPI: "The fact that [...] the exclamation mark is written in an irregular form and that each letter or sign has a different color, [does not] determine that such characteristics endow the design applied for registration with the features of originality required by the norm to provide it with protection as a work".
  • Resolución Nº 1194-2017/TPI-INDECOPI: "The Court notes that there are no original elements, since they are figures that do not present any particularity, which have been reproduced in the usual manner, without any element having been included".
    Resolución Nº 1194-2017/TPI-INDECOPI: "The Court notes that there are no original elements, since they are figures that do not present any particularity, which have been reproduced in the usual manner, without any element having been included".
  • Resolución Nº 1192-2017/TPI-INDECOPI (see Resolución Nº 1194-2017/TPI-INDECOPI).
    Resolución Nº 1192-2017/TPI-INDECOPI (see Resolución Nº 1194-2017/TPI-INDECOPI).
  • Resolución N° 4301-2015/TPI-INDECOPI: "These are ornamental elements that lack originality, since the same or similar ones are being used by different people and companies to identify".
    Resolución N° 4301-2015/TPI-INDECOPI: "These are ornamental elements that lack originality, since the same or similar ones are being used by different people and companies to identify".
  • Empresas Luc-Chetti S.A. v Molinoitalia S.A. y Pragma DePublicidad S.A. (Resolución Nº 074-2000/TPI-INDECOPI): "[...] although musical works comprise melody, harmony and rhythm; exclusive rights to the melody can only be acquired".[49]
    Empresas Luc-Chetti S.A. v Molinoitalia S.A. y Pragma DePublicidad S.A. (Resolución Nº 074-2000/TPI-INDECOPI): "[...] although musical works comprise melody, harmony and rhythm; exclusive rights to the melody can only be acquired".[49]
  • Resolución Nº 211-94-DA-INDECOPI: "la protección [...] no abarca la ordenación alfabética de usuarios que contiene [la guía telefónica]"
    Resolución Nº 211-94-DA-INDECOPI: "la protección [...] no abarca la ordenación alfabética de usuarios que contiene [la guía telefónica]"
  • Far from fiction, Duff is an element that individually lacks the protection of a work of art. Subsequently, Fox managed to obtain identification characteristics to be registered as beer trademark (Resolución Nº 1508-2009/TPI-INDECOPI).[50]
    Far from fiction, Duff is an element that individually lacks the protection of a work of art. Subsequently, Fox managed to obtain identification characteristics to be registered as beer trademark (Resolución Nº 1508-2009/TPI-INDECOPI).[50]
  • Resolución N° 2418-2009/TPI-INDECOPI: While the angle of the handle to the horizontal line or the depth of the concave part of the teaspoon [is slightly different] from the standard shape [...] the object is not an original work, due to the common form of others teaspoons.[51]
    Resolución N° 2418-2009/TPI-INDECOPI: While the angle of the handle to the horizontal line or the depth of the concave part of the teaspoon [is slightly different] from the standard shape [...] the object is not an original work, due to the common form of others teaspoons.[51]
  • Resolución N° 0184-2008/TPI-INDECOPI: The miniature representation of Machu Picchu in plastic material cannot be granted as an original work, because its registration would prohibit people create other miniature versions of the citadel.[51]
    Resolución N° 0184-2008/TPI-INDECOPI: The miniature representation of Machu Picchu in plastic material cannot be granted as an original work, because its registration would prohibit people create other miniature versions of the citadel.[51]
  • Resolución Nº 1645-2007/TPI-INDECOPI: "The elaboration of a [portable stage] (similar to this image) may have meant an intellectual effort on the part of its creator, but it does not have enough characteristics to be considered a work of [3D] art, since it consists of a simple arrangement of removable panels in the form of a screen".
    Resolución Nº 1645-2007/TPI-INDECOPI: "The elaboration of a [portable stage] (similar to this image) may have meant an intellectual effort on the part of its creator, but it does not have enough characteristics to be considered a work of [3D] art, since it consists of a simple arrangement of removable panels in the form of a screen".
  • Resolución Nº 0148-2008/TPI-INDECOPI: "However, the Court considers that allowing protection to a design composed exclusively of figures or designs in the public domain, such as the Inca chakana, would mean for no other person to be able to use such designs belonging to the common cultural heritage".
    Resolución Nº 0148-2008/TPI-INDECOPI: "However, the Court considers that allowing protection to a design composed exclusively of figures or designs in the public domain, such as the Inca chakana, would mean for no other person to be able to use such designs belonging to the common cultural heritage".
  • Resolución Nº 0083-2011/DDA-INDECOPI does not consider protection to use of Tumi with common text.
    Resolución Nº 0083-2011/DDA-INDECOPI does not consider protection to use of Tumi with common text.
  • A newsline that is not subject to copyright protection but the image, also not considered a work of authorship, is subject to related protection for 70 years post-creation.
    A newsline that is not subject to copyright protection but the image, also not considered a work of authorship, is subject to related protection for 70 years post-creation.
  • Resolución N° 0082-2023/TPI-INDECOPI: "The additional elements that appear on the images (e.g. rectangles containing phrases or expressions) also do not present particular features that denote a minimum of originality, so they cannot be protected by copyright"
    Resolución N° 0082-2023/TPI-INDECOPI: "The additional elements that appear on the images (e.g. rectangles containing phrases or expressions) also do not present particular features that denote a minimum of originality, so they cannot be protected by copyright"

Note: Some creations are above the threshold of originality and  are not valid for upload to Commons:

  • Logo of Tres Olivas: a leaf with three olives with tonalities, use of brightness and sensation of movement. See Resolution No 1774-2012/TPI-INDECOPI, Olivos del Sur S.A.C. vs Antonio Moncayo Cortés.[52]
  • Emblema La Primera. See Resolution No 2361-2016/TPI-INDECOPI.
  • A fictional character in Superman: Krisis of the Krimson Kryptonite. See Resolution No 1164-2014/TPI-INDECOPI.
  • A logo with a people with torch to the letter E, above the letter T. Triunfo Empresarial. See Resolution No 0319-2018/TPI-INDECOPI.
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COM:TOO Philippines

필리핀

The concept of threshold of originality probably does not exist in the Philippines. It is possible that the sweat of the brow concept applies. In this concept, "a work can be eligible for copyright protection if there is a substantial amount of labor, effort, or investment involved, even if it lacks a significant level of creativity. This standard places emphasis on the effort put into creating the work rather than the level of originality or creativity." (Reference: Commons:Village pump/Copyright/Archive/2023/07#Probable low Philippines TOO)

For this reason, some logos that may be simple for the American jurisprudence may be eligible for copyright in the Philippines. Two examples are logos of Photo Sikwate (2022-00957-G) and of Geomax Solutions and Innovations (2022-01698-G), both of which were afforded copyright registration as proven by the 2022 copyright registry of Intellectual Property Office of the Philippines.

However, in the midst of controversy surrounding the most popular noontime variety show of the Philippines in mid-2023 (refer to w:en:Eat Bulaga!#Copyright infringement case for the background information), Atty. Maggie Garduque who represents the show's producer (TAPE, Inc.) claims the design of the logo of the show "is a trademark and not subject of copyright."[53]

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COM:TOO Poland

폴란드

Per Tomasz Targosz (Institute of Intellectual Property Law, Jagiellonian University Kraków):

Polish copyright law has quite a long tradition of setting the threshold rather low, which may encourage frivolous lawsuits forcing courts to ponder whether simple graphic designs, short lines of text or even names should or should not be protected by copyright law.

[54]

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COM:TOO Portugal

포르투갈

w:File:Juventude Socialista Portugal.png was deleted as it was considered to be above the threshold of originality.

Photographs

In Portugal photographs have been consistently specifically required to have a significant degree of creativity in order to be copyrighted. Article §164 of the current 2017 copyright law states that "the choice of a photograph's subject and the conditions of its creation must be deemed to be a personal artistic creation by the author before a photograph may qualify for protection".

Court cases
  • Landscape photograph: Ruled as without originality. In 2009 the Tribunal da Relação de Lisboa ruled as void of copyright for lack of artistic creativity a landscape photograph the author was claiming copyright on due to his choice of the setting, light and other conditions. It was considered by the court "a vulgar photograph resultant from the mere choice of an object, such as a city council building and part of a group of trees, without a minimum of creativity".[55] The subject is discussed in a 2017 article published by the Instituto Portugues de Fotografia.[56]
  • Heart reproduction commissioned to a laboratory in order to be presented in an exposition: Ruled as without originality.[55]
  • Clothing/Fashion: Ruled as without originality.[57]
  • Puppets wearing Madeira national costumes (generally tourist souvenirs) following old and common models were considered without copyright.[58]
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COM:TOO Russia

러시아

Automatic camera works

Public domain use {{PD-RU-exempt-autocam}}

괜찮습니다 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. 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

Examples

  • Any photowork or videowork made by automatic camera for administrative violation record (for example, by automatic camera for driving offense record[59]). 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
Simple creative works

 괜찮지 않음 Simple result of creative work (creative human activity) is copyrightable. 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

Examples

  • Simple black square as geometric shape is uncopyrightable as itself. However Black Square by Kazimir Malevich was copyrightable because this painting was the result of creative work in recognized art style - suprematism, and it is in Public Domain because of copyright term expiry, not because of result simplicity.
Logos

 In doubt There is no clear precedent in Russian courts for the threshold of originality for simple logos.

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COM:TOO Senegal

세네갈

Works of the mind may enjoy protection only if they are original. "Originality" means the work bears the stamp of the author's personality.[2008-09 Article 7]

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COM:TOO Slovenia

슬로베니아

The threshold of originality in Slovenia depends on the field of creativity. If the maneuvering space of the possible creativity is narrower, it requires more creativity for a work to be copyrighted.[60]

In this regard, the following court cases are relevant:

Applied arts:

  • VSL0069492 - the design of a couch set has been found to be below the threshold.
  • VS0011606 – the design of a sales stand has been found to be above the threshold.

Architecture:

  • VSL00432 – only the works that constitute an original artwork are copyrighted; the renovation plan of Ljubljana Castle as well as the newly built and (at least some of) the renovated parts of the castle count as such.

Logo:

  • VSL00013281 – the logo with inscription "I Feel Slovenia" [1] was found to constitute a copyrighted work.
The court opined: "The slogan and the logo, which contains both verbal and graphic elements, do not allow them to be separated. Only the synergy of the verbal and graphic elements allows the observer to identify the overall message of the author's work."

Titles:

  • VS07924 – the title "Brez zavor" (meaning "Without inhibitions") has been found to be below the threshold.
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COM:TOO South Korea

대한민국

사용 가능한 정보 없음

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COM:TOO Spain

스페인

STS 4443/2004 notes that a work must have the characteristics of "uniqueness, individuality and distinguishability" to qualify for protection.[61]

STS 1644/2017 concerns architecture and states "The terms in which an architectural project is drawn up largely respond to the technical or functional requirements and compliance with urban regulations. When this is the case, the project or the architectural buildings are not protected by copyright in the part imposed by those technical, functional or normative requirements"; and more generally, "the factor of recognizability or differentiation of the work with respect to the pre-existing ones [is] essential to grant an exclusive right with moral and patrimonial aspects".[62]

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COM:TOO Sweden

스웨덴

"A simple general rule is that if it is unlikely that two persons would create, for example, a text identically or similarly, the text is probably sufficiently original to qualify as a protected work. (..) Often, the requirements for copyright protection are considered to be relatively low."[63] From the court cases below it can be concluded that the threshold of originality in Sweden is significantly higher then the ditto in the United Kingdom even though it might be considered low compared to the one in the United States.

Status Example Notes
괜찮습니다
The text itself can't be considered to fulfill the general threshold of originality considered for copyright protection. This same interpretation is made whether one sees it as Roman numerals or Latin letters. The logo itself does have some figurative design. The font must however, despite some inconsistancies along the edges, be considered as ordinary and the black rectangle in the background does not contribute to any distinctive character. - Patent- och registreringsverket (Swedish Intellectual Property Office) Invändningsärende nr 2017/00120/01, Registrering nr 540495
괜찮습니다
The logo consists of an a and a 6. The round part of each character is not closed, however the characters are, besides that, made in a fairly ordinary font without any distinctive character. Between the characters is a simple, sun-feather resembelling, figure with a pointy tip which goes down between the characters. Above this figure there are four points, two to the left and two to the right. The logo is way to simple to be granted such copyright protection which can constitute an impediment for others' trademark registration. - Patent- och registreringsverket (Swedish Intellectual Property Office) Invändningsärende nr 2005/0006/0001, Registrering nr 369154.

This ruling was appealed to Patentbesvärsrätten (Patent court of appeals) which settled the original ruling (Mål nr 06-304, vm.reg. 369.154), albeit with one member of the court with a dissenting opinion. Unfortunately, they did not elaborate as to why they settled the original ruling.

괜찮습니다
Technical drawing. According to decision by the Swedish Supreme Court.NJA 2004 s. 149
 괜찮지 않음 https://shop.textalk.se/shop/4541/files/entombed/ENT_logo_web.png The logo has been created using a Gothic font in a way which is frequently used among bands in the genre in question [death metal]. The logotype can thus not be considered to fulfill the demands of originality and distinctive character needed for copyright protection. - Patent- och registreringsverket (Swedish Intellectual Property Office) Invändningsärende 2013/0133/0001, Registrering nr 514059.

According to the court, after a comprehensive assessment, the wordmark shows such level of indivudual, distinctive character that it must be considered to possess copyright protection. The court especially values the font of choice, the individual design of the first and last letter and the fact that the first and last letter has been written in caps. - Patent- och marknadsdomstolen (Patent and Market Court) PMÄ 10796-16

This ruling was appealed to Patent- och marknadsöverdomstolen (Patent and Market Court of Appeals) which settled the previous ruling (Mål nr PMÖÄ 5441-17). Unfortunately, they did not elaborate as to why they settled the previous ruling.

 괜찮지 않음 A black-and-white version of fr:File:Dunderklumpen Logo.png Ruled above the TOO by Patent- och registreringsverket (Swedish Intellectual Property Office) (Varumärkesansökan nr 2014/00870), another part of the same ruling was appealed to the Patent- och marknadsdomstolen (Patent and Market Court) which settled the original ruling (Mål nr PMÄ 10748-16). Neither instance elaborated further as why the logo was ruled above the TOO but one can speculate that it was because it was a very obvious case.
 괜찮지 않음 Michelin man lamp Ruled above the TOO by Patent- och registreringsverket (Swedish Intellectual Property Office) (Varumärkesansökan nr 2015/03538). The office did not elaborate further as why the logo was ruled above the TOO but one can speculate that it was because it was a very obvious case.
 괜찮지 않음
Mini Maglite torch (Mål: T 1421-07, Högsta domstolen)
 괜찮지 않음 Porcelain [2] "Sundborn", made by Rörstrand
 괜찮지 않음 Photo illustrating a newspaper article RH 2009:18 (removed from the website in 2004 because of copyright infringement, protected as a photographic work for 70 years after author's death)
 괜찮지 않음 Knitted tunic (NJA 1995 s. 164)
 괜찮지 않음 Technical drawings (NJA 1998 s. 563)
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COM:TOO Switzerland

스위스

Swiss copyright law defines works as "literary and artistic intellectual creations with individual character, irrespective of their value or purpose".[64] Such works are protected by copyright: "Up to 70 years after the death of the author (50 years for computer programs); 50 years from the taking of a photograph without individual character; 70 years from the performance/publication of a phonogram or audio-visual fixation; 50 years from the transmission of a broadcast."[65] This section discusses some types of subject matter.

Photographs: Photographs may be protected as works on the basis of their individual character (individual photographs). Some photographs that lack individual character may also enjoy protection (non-individual photographs).

  • Individual photographs: The individual character may manifest itself in a variety of ways, such as the choice of the depicted object, the decision on when the picture is taken, or the editing work done after the picture has been taken.[66] In a 2003 decision, the Federal Supreme Court of Switzerland held that a photo of Bob Marley taken at a concert by a spectator with a handheld camera was eligible for protection as a photographic work because it had the required individual character by virtue of the aesthetic appeal of the picture, combined with the orientation of the picture's components and the distribution of light and shadow. It also found that the photograph was a "creation of the mind" by being shot at a specific time during the singer's movement on the stage.[67] By contrast, in the 2004 case Blau Guggenheim v. British Broadcasting Corporation, the Court found that a photo (en:File:Christoph Meili 1997-nonfree.jpg), shot by a reporter to document Christoph Meili with the files he had taken from his employer, lacked individual character. It found that the scope of conceptual and technical possibilities was not exploited, and that the photograph did not distinguish itself in any way from what was common use.[68] The copyright in an individual photograph lasts for 70 years from the end of the calendar year in which the author died.[69]
  • Non-individual photographs: Effective 1 April 2020, Swiss law also protects certain non-individual photographs. Article 2(3bis) URG provides that "photographic depictions and depictions of three-dimensional objects produced by a process similar to that of photography are considered works, even if they do not have individual character". While no individuality is required, according to the official motives accompanying the (eventually adopted) revision draft, these photographs are still required to be "based on human actions", and thus "automatically created photographs such as radar pictures, pictures from surveillance cameras or camera traps" are ineligible for protection.[70] It should be noted that the new right also applies to photographs created before 1 April 2020 that had previously not been protected for failing the individuality test; however, if a particular use of a non-individual photograph was "begun prior to the commencement" of the new law, it "may be completed".[71] According to the official motives, this has the effect that "if non-individual photographs are used on a web page, the web page may be maintained after the entry into force of the protection of non-individual photographs. If, on the other hand, such photographs are included into an existing or a new web page after the entry into force of this protection, permission is required from the owner of the rights in the non-individual photographs."[72] The copyright in a non-individual photograph lasts for 50 years from the end of the calendar year in which the photo was taken.[73]
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COM:TOO Taiwan

중화민국

The level required for copyright is low. Independently created works with "minimal creativity" are eligible, according to Taiwan's Intellectual Property Office.[74]

The following examples are 괜찮습니다:

  • These two artworks with traditional design elements are unprotected, according to court decisions that they do not meet the originality threshold for copyright protection:[75]
  • Simple typeface, such as the typeface of Sunshow company logo:

The following examples are  괜찮지 않음:

  • Calligraphy works, including:
    • "燒烤飯糰" on this photo, is copyright protected ruled by a court.[76][77]
    • "風月堂" (see the last page of the PDF document for the work in question).[78]
  • The graphic part of Sunshow company's logo. The court ruled that the graphic part of the logo: two hands clasped together, one over the other, is copyrightable, but the typeface "SUNSHOW" is not.[79]
  • The Louis Vuitton Monogram Multicolor pattern [3][80].
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COM:TOO Turkey

튀르키예

Might be OK

The Turkish copyright laws depend on the work bearing the characteristics of its creator while deciding whether the work is original, and considered on a case-by-case basis.[81]

영미법계 국가

Common law countries typically use a "skill and labour" test to determine the minimum level of originality capable of attracting copyright protection. The required level is extremely low in some countries such as Australia and the United Kingdom. However, Canada and India are major two exceptions. 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.

텍스트가 다음에서 변환됨
COM:TOO Australia

오스트레일리아

사용 가능한 정보 없음

텍스트가 다음에서 변환됨
COM:TOO Canada

캐나다

Unlike other common law countries, Canada's threshold of originality veers closer to that of the United States. CCH Canadian Ltd. v. Law Society of Upper Canada explicitly rejected the "sweat of the brow" doctrine for being too low of a standard, but at the same time, stated that the creativity standards for originality were too high:

A creativity standard implies that something must be novel or non-obvious — concepts more properly associated with patent law than copyright law. And for these reasons, I conclude that an “original” work under the Copyright Act is one that originates from an author and is not copied from another work. That alone, however, is not sufficient to find that something is original. In addition, an original work must be the product of an author’s exercise of skill and judgment. The exercise of skill and judgment required to produce the work must not be so trivial that it could be characterized as a purely mechanical exercise."

The same case also stated:

For a work to be “original” within the meaning of the Copyright Act, it must be more than a mere copy of another work. At the same time, it need not be creative, in the sense of being novel or unique. What is required to attract copyright protection in the expression of an idea is an exercise of skill and judgment. By skill, I mean the use of one’s knowledge, developed aptitude or practised ability in producing the work. By judgment, I mean the use of one’s capacity for discernment or ability to form an opinion or evaluation by comparing different possible options in producing the work. This exercise of skill and judgment will necessarily involve intellectual effort.

텍스트가 다음에서 변환됨
COM:TOO Hong Kong

홍콩

사용 가능한 정보 없음

텍스트가 다음에서 변환됨
COM:TOO India

인도

India seems to have a similar threshold of originality as the US Courts, called Modicum of Creativity. Older cases may have similar thresholds of originality to the UK Courts called Sweat of the brow but this is no longer applied.

Robbin Singh has written an essay on the subject that may be useful.[82]

텍스트가 다음에서 변환됨
COM:TOO Ireland

아일랜드

 Unknown

Despite uncertainty on the required level of originality needed to qualify for copyright protection, images that have been retained on Commons include:

Image Description Discussion
ISPCA official logo Commons:Deletion requests/File:ISPCA official logo.png
텍스트가 다음에서 변환됨
COM:TOO Israel

이스라엘

Although Israel historically used a "skill and labour" test similar to that used by the UK, since the 1989 Israeli Supreme Court's ruling in Interlego A/S v. Exin-Lines Bros. SA they have tended fairly close to a US-style requirement equating originality with human creativity.[83]

In Israel, the Supreme Court in the Interlego A/S v. Exin-Lines Bros. SA decision adopted the Feist ruling with regards to both the interpretation of the originality requirement and the general rejection of the ‘sweat of the brow’ doctrine and the labour theory as a legitimate interest for establishing a copyright claim.

텍스트가 다음에서 변환됨
COM:TOO Malaysia

말레이시아

The threshold of originality situation in Malaysia remains  Unsure. Some previous discussions:

  1. The File:Hcc.png was deleted probably based on calligraphic Chinese words, and cited that COM:TOO UK may also applied for deletion;
  2. But the File:Petronas Logo.svg was nominated and decided to keep twice, despite that this may also beyond COM:TOO UK. Note that this logo is used before June 2013, and since that, the Petronas modified their logo to be more modern and fairly complex, the current Petronas logo is located at English Wikipedia for Fair use, though some users oppose that.
텍스트가 다음에서 변환됨
COM:TOO Nigeria

나이지리아

Under the Copyright Act of 1988 (Chapter C.28, as codified 2004), A literary, musical or artistic work shall not be eligible for copyright unless (a) sufficient effort has been expended on making the work to give it an original character;...[C28/2004 Section 1(2)]

텍스트가 다음에서 변환됨
COM:TOO New Zealand

뉴질랜드

As stated in the New Zealand government's NZGOAL copyright guide (January 2015),

  • As the Court of Appeal has stated, the “threshold test for originality is not high”, the determining factor being “whether sufficient time, skill, labour, or judgment has been expended in producing the work”. The Court has also reiterated the axiom, or principle, that copyright is not concerned with the originality of ideas but with the form of their expression. A work is not original, however, if (a) it is, or to the extent that it is, a copy of another work; or (b) it infringes the copyright in, or to the extent that it infringes the copyright in, another work.[84]
텍스트가 다음에서 변환됨
COM:TOO Singapore

싱가포르

For logos

 Likely not OK for most logos. The level of originality required for copyright protection is presumably very low.

Because Singapore was a territory of the United Kingdom until 1963, Singapore law is modeled on UK law, and in the absence of any specific case law to the contrary it is reasonable to assume that the rules will be similar. See the United Kingdom for more details.

For buildings

Assume all Singaporean buildings as copyrighted, regardless of design or artistry involved. Copyright Act 2021 (Act 22 of 2021) explicitly considers all buildings as artistic works: a building or a model of a building (whether the building or model is of artistic quality or not).[22/2021 Section 20(1)(a)(ii)] Please use {{FoP-Singapore}} even to plain-looking Singaporean buildings instead of {{PD-structure|SGP}}.

텍스트가 다음에서 변환됨
COM:TOO United Kingdom

영국

사용 가능한 정보 없음

로고와 깃발

건축물

창작성이 없거나 사소한 이용으로 판단되어 유지된 이미지

이들 결정 중 일부는 논란의 여지가 있습니다.

Photographs

Photographs which have been deemed ineligible for copyright protection:

  • (DR) Photograph of a three-dimensional object (drawer pull) with bevels and cast shadows
    (DR) Photograph of a three-dimensional object (drawer pull) with bevels and cast shadows

Maps

Maps which have been deemed ineligible for copyright protection:

Darden v. Peters.

Darden v. Peters: the addition of "font and color selection; visual effects such as relief, shadowing, and shading; labeling; call-outs" and anti-aliasing to a preexisting map is below the threshold of originality

Use: {{PD-map}}. See the section farther down on partial copying or cropping of uncopyrightable elements from copyrighted works.

See also:

Charts

Charts which have been deemed ineligible for copyright protection. Use: {{PD-chart}}. See the section farther down on partial copying or cropping of uncopyrightable elements from copyrighted works. See also:

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, except for the fact that this typographical arrangement was published over 25 years ago.

Lower threshold in United Kingdom etc.

같이 보기

각주

Some citation text may not have been transcluded
  1. ↑ Bauer logo.
  2. ↑ Oberster Gerichtshof statement.
  3. ↑ Zimmermann Fitness logo.
  4. ↑ Oberster Gerichtshof statement.
  5. ↑ Denis Borges Barbosa (dezembro de 2012). Como o requisito autoral de originalidade vai se radicando nos precedentes judiciais (in Portuguese). Retrieved on 2019-03-12.
  6. ↑ Página 417 da Judicial - 1ª Instância - Capital do Diário de Justiça do Estado de São Paulo (DJSP) de 26 de Julho de 2011 (in Portuguese). Retrieved on 2019-03-12.
  7. ↑ STJ AI 604.956 - MG (2004/0059338-6), Ministro Carlos Alberto Menezes Direito, 30 de setembro de 2004; also PROCESSO TRT/SP Nº 0001174-81.2012.5.02.0086 (2016).
  8. ↑ Guerra das Moedas court case.
  9. ↑ Quarta Turma não reconhece violação de direito autoral em título de novela da Globo (in Portuguese) (18 May 2017). Retrieved on 2019-03-12.
  10. ↑ Tribunal de Justiça de Santa Catarina TJ-SC - Apelacao Civel : AC 111630 SC 2002.011163-0 (in Portuguese). "não se considera criação artística as fotografias tiradas por profissional do ramo que retratam de forma manifestamente singela, sem o emprego de qualquer técnica diferenciada, o frontispício de um edifício residencial e a vista parcial da cidade, em observância a contrato de prestação de serviços entabulado com empresa do ramo imobiliário e com destino publicitário previamente ajustado entre as partes"
  11. ↑ Tribunal de Justiça de Santa Catarina TJ-SC - Apelacao Civel : AC 111630 SC 2002.011163-0 (in Portuguese). Retrieved on 2019-03-11. "mera documentação fotográfica, sem caráter artístico, afasta a incidência do direito de autor, "... tornando possível o uso de terceiro sem menção do nome do fotógrafo, pois, conforme lei brasileira, somente a fotografia artística (pela escolha do objeto e condiçõe de execução) se inscreve dentre as obras protegidas." (...) [segue exemplo ilustrativo] fotografias documentárias de reuniões sociais - Autor que na época estava do desempenho de funções junto ao réu - Inexigível a referência ao nome do fotógrafo por não se tratar de trabalho artístico - Falta de originalidade, criatividade, valor estético ou de furo de documentação"
  12. ↑ Tribunal de Justiça do Paraná TJ-PR - Apelação Cível : AC 946589 PR Apelação Cível - 0094658-9 (in Portuguese) (2000). Retrieved on 2019-03-12. "As fotografias destinadas a documentos de identidade, produzidas por máquinas automáticas, não são obras artísticas. (...) Também não devem alcançar a proteção do direito de autor as fotografias meramente técnicas, em que se procura uma reprodução tal qual de certo objetivo, sem a menor preocupação artística."
  13. ↑ Tribunal de Justiça de Minas Gerais TJ-MG : 2933464 MG 2.0000.00.293346-4/000(1) (in Portuguese). Retrieved on 2019-03-12. "as fotos [...] denotam caráter artístico, caracterizando-se pela originalidade, criatividade e técnica da sua autora, elementos que dela não se podem excluir como reveladores, a princípio, de uma obra de arte. Não são elas, como pretende o apelante, meras constatações ou reproduções de imagens para fins publicitários, ou instantâneos comuns"
  14. ↑ Sentencia nº C-2470-2009, de 17º Juzgado Civil de Santiago, 28 de Octubre de 2011
  15. ↑ V-74-01 Jydsk Vindueskompagni mod Bering Byg (pdf). Retrieved on 17 April 2020.
  16. ↑ 3 February 2004 (V 98/01))
  17. ↑ Sø- og Handelsretten (The Maritime and Commercial Court) in March 1998, U 1998:946 S and NIR 69:3, p. 413-418 [2000]
  18. ↑ Violation of the copyright of the Global Knife Series. Supreme Court (19-09-2011). Retrieved on 2019-03-24. "Det var for Højesteret ubestridt, at Global-knivene er ophavsretligt beskyttet i medfør af ophavsretslovens § 1. Højesteret udtalte, at Global-knivene som brugskunst er beskyttet mod meget nærgående efterligninger. Højesteret fandt, at Royal-knivenes design ikke indebar en tilstrækkelig frigørelse fra det særegne ved Global-knivenes udformning, men måtte anses som en meget nærgående efterligning. (It was undisputed to the Supreme Court that the Global blades are protected by copyright under section 1 of the Copyright Act. The Supreme Court stated that the Global blades as a utility art are protected from very close imitations. The Supreme Court found that the design of the Royal blades did not sufficiently differ from the distinctive nature of the design of the Global blades, and had to be regarded as a very close imitation.)"
  19. ↑ Infringement of the Copyright Act Case 306/2009. Supreme Court (28-06-2011). Retrieved on 2019-03-24.
  20. ↑ a b TN 2011:7
  21. ↑ TN 2014:13
  22. ↑ TN 2001:12
  23. ↑ Cite error: Invalid <ref> tag; no text was provided for refs named Paradis
  24. ↑ Cite error: Invalid <ref> tag; no text was provided for refs named Pavis
  25. ↑ Cite error: Invalid <ref> tag; no text was provided for refs named Verbrugge2011
  26. ↑ Cite error: Invalid <ref> tag; no text was provided for refs named EAO
  27. ↑ Cite error: Invalid <ref> tag; no text was provided for refs named greeklawdigest
  28. ↑ Logó szerzői jogi védelme Ügyszám: SZJSZT – 17/12 (in Hungarian). Copyright Expert Panel (20 February 2013). Retrieved on 2019-03-26.
  29. ↑ SZJSZT 1/2005
  30. ↑ Cite error: Invalid <ref> tag; no text was provided for refs named IndTOO
  31. ↑ Cite error: Invalid <ref> tag; no text was provided for refs named Lovells
  32. ↑ Logo on external site DR
  33. ↑ Jean-Luc PUTZ. das luxemburgische Urheberrecht: eine Einführung (in German). Retrieved on 2019-01-29.
  34. ↑ Cite error: Invalid <ref> tag; no text was provided for refs named Van-Dale/Romme
  35. ↑ Cite error: Invalid <ref> tag; no text was provided for refs named Endstra-tapes
  36. ↑ Cite error: Invalid <ref> tag; no text was provided for refs named Stokke-Fikszo
  37. ↑ Cite error: Invalid <ref> tag; no text was provided for refs named Høyesteretts2007
  38. ↑ Cite error: Invalid <ref> tag; no text was provided for refs named JuliBlåfjelllogo
  39. ↑ Enrique, Cavero Safra (july 2015). "El concepto de originalidad en el derecho de autor peruano". Forsetti (5): 113-127. ISSN 2312-3583. Retrieved on 2021-08-20.
  40. ↑ a b Cite error: Invalid <ref> tag; no text was provided for refs named Law1961
  41. ↑ a b Indecopi (24 April 2002). Fotografía: Alcance de la protección (in Spanish). Retrieved on 2020-12-25.
  42. ↑ Chávez Gutierrez, Wendy Elizabeth (september 2014). "The absence of criteria in the peruvian legal system regarding the concept of «authenticity» applied to copyright law protection on photographic images". Derecho PUCP (73): 587-623. ISSN 0251-3420. Retrieved on 2021-08-20.
  43. ↑ Indecopi (17 April 2002). Fotografías no creativas. Protección "sui generis" (in Spanish). Retrieved on 2021-10-22.
  44. ↑ Indecopi (3 July 2007). Fotografía: Originalidad (in Spanish). Retrieved on 2021-09-26.
  45. ↑ a b c d Cite error: Invalid <ref> tag; no text was provided for refs named Indecopi2015
  46. ↑ Indecopi (4 June 2013). Resolution No 0384-2013/CDA-INDECOPI: Infraction in reuse of Peruvian Connection Spring 2010 photos (in Spanish). Retrieved on 2021-09-12.
  47. ↑ Decreto Supremo que aprueba el Reglamento del Decreto Legislativo N° 1218, Decreto Legislativo que regula el uso de las cámaras de videovigilancia y de la Ley N° 30120, Ley de Apoyo a la Seguridad Ciudadana con Cámaras de Videovigilancia Públicas y Privadas, y dicta otras disposiciones. El Peruano (2020). Retrieved on 2021-05-18.
  48. ↑ Murillo Chávez, Javier André (2017). Los derechos de autor y/o conexos del ¿Robot?. Enfoque de Derecho. Retrieved on 2021-05-17.
  49. ↑ Murillo Chávez, Javier André (febraury 2017). "Fa - Sol - La. Completando conceptos sobre la obra musical y su originalidad en la jurisprudencia peruana". Diálogo como la jurisprudencia (221): 229-254. ISSN 1812-9587. Retrieved on 2020-10-21.
  50. ↑ Murillo Chávez, Javier André (june 2015). "The incomplete puzzle. The missing rule and ruling about the protection by copyright of characters and objects of the work". Derecho PUCP (74): 189-220. ISSN 0251-3420. Retrieved on 2020-10-21.
  51. ↑ a b Maraví Contreras, Alfredo (2013). "Las creaciones gastronómicas como objeto de protección por el Derecho de Autor: Posibilidades y conveniencia". Anuario Andino de Derechos Intelectuales. (9): 95, 103. ISSN 1993-0976. Retrieved on 2020-11-12.
  52. ↑ Murillo Chávez, Javier André (febraury 2012). "Conviviendo con el enemigo. Sobre los conflictos entre el Derecho de Propiedad Industrial y el Derecho de Autor". Actualidad Jurídica (221): 321-336. ISSN 1812-9552. Retrieved on 2021-5-17.
  53. ↑ Blancaflor, MJ (2023-07-13). TAPE Inc: 'Eat Bulaga' name, logo not subject to copyright. Metro News Central. Retrieved on 2023-07-21.
  54. ↑ Cite error: Invalid <ref> tag; no text was provided for refs named Kluwer
  55. ↑ a b Cite error: Invalid <ref> tag; no text was provided for refs named TRL0TJLSB-8
  56. ↑ Cite error: Invalid <ref> tag; no text was provided for refs named IPF2017
  57. ↑ Cite error: Invalid <ref> tag; no text was provided for refs named TRL2YHLSBL1-7
  58. ↑ 167/17.9YHLSB.L2.S2, 2020 (with photos of the puppets).
  59. ↑ Cite error: Invalid <ref> tag; no text was provided for refs named FineCamera
  60. ↑ Cite error: Invalid <ref> tag; no text was provided for refs named VSL0069492
  61. ↑ https://www.poderjudicial.es/search/TS/openDocument/d42c9049784c7c02/20040821 p. 4
  62. ↑ https://www.poderjudicial.es/search/TS/openDocument/a95395d6789f5037/20170509 p. 9
  63. ↑ Cite error: Invalid <ref> tag; no text was provided for refs named PRVprotected
  64. ↑ Federal Act on Copyright and Related Rights, art 2(1). SR 231.1 Bundesgesetz über das Urheberrecht und verwandte Schutzrechte. Government of Switzerland. Retrieved on 12 September 2020.
  65. ↑ Envisioned. Created. Protected. – A Concise Guide to Trade Marks, Patents & Co.. Swiss Federal Institute of Intellectual Property (April 2020). Retrieved on 22 August 2021.
  66. ↑ Cf BGE 130 III 168, 173 – Bob Marley.
  67. ↑ X. gegen Y. AG, decision of the Swiss Federal Supreme Court of September 5, 2003; BGE 130 III 168.
  68. ↑ Blau Guggenheim gegen British Broadcasting Corporation BBC, decision of the Swiss Federal Supreme Court of April 19, 2004; BGE 130 III 714.
  69. ↑ Art 29(2) lit b URG.
  70. ↑ Bundesrat, "Botschaft zur Änderung des Urheberrechtsgesetzes sowie zur Genehmigung zweier Abkommen der Weltorganisation für geistiges Eigentum und zu deren Umsetzung", BBl 2018 591, 620. See also W Egloff in D Barrelet and W Egloff (eds), Das neue Urheberrecht (4th edn, Stämpfli 2020) art 2 para 35.
  71. ↑ Art 80(2) URG. W Egloff in D Barrelet and W Egloff (eds), Das neue Urheberrecht (4th edn, Stämpfli 2020) art 2 para 38; P Mosimann and Y Hostettler, "Zur Revision des Urheberrechtsgesetzes" (2018) 36 recht 123, 126; Bundesrat, "Botschaft zur Änderung des Urheberrechtsgesetzes sowie zur Genehmigung zweier Abkommen der Weltorganisation für geistiges Eigentum und zu deren Umsetzung", BBl 2018 591, 620 («In Verbindung mit Artikel 80 Absatz 1 URG führt die Erweiterung des Schutzumfangs auf Fotografien ohne individuellen Charakter dazu, dass der Urheberrechtsschutz solche Fotografien auch dann erfassen wird, wenn sie vor seinem Inkrafttreten dieser Teilrevision geschaffen wurden.»).
  72. ↑ Bundesrat, "Botschaft zur Änderung des Urheberrechtsgesetzes sowie zur Genehmigung zweier Abkommen der Weltorganisation für geistiges Eigentum und zu deren Umsetzung", BBl 2018 591, 621.
  73. ↑ Art 29(2) lit abis, 29(4) URG.
  74. ↑ 智著字第09700078680號. Intellectual Property Office.
  75. ↑ 智慧財產法院107年民著上字第3號民事判決 (in Chinese). Judicial Yuan of the Republic of China. Retrieved on 2019-09-27.
  76. ↑ 鄧玉瑩 (2007-01-05). "盜用燒烤飯糰招牌判侵權". Apple Daily.
  77. ↑ 臺灣高等法院臺中分院95年上易字第1083號刑事判決 (2006-09-27).
  78. ↑ 智慧財產法院108年民著訴字第89號民事判決 (2020-01-13). Archived from the original on 2020-06-29.
  79. ↑ 智慧財產法院104年民著上易字第11號民事判決 (2016-02-04).
  80. ↑ 智慧財產法院108年民商上字第5號民事判決 (2020-01-16).
  81. ↑ ECONOMIC AND MORAL RIGHTS IN TURKISH AND EUROPEAN UNION COPYRIGHT LAW (2009).
  82. ↑ Cite error: Invalid <ref> tag; no text was provided for refs named Singh
  83. ↑ Cite error: Invalid <ref> tag; no text was provided for refs named Pessach
  84. ↑ NZGOAL copyright guide. New Zealand Government (January 2015). Retrieved on 2019-03-16.

For more complete, working references see 공용:지역별 저작권 법규 and the individual countries and territories:

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