Commons:Поріг оригінальності

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This page is a translated version of a page Commons:Threshold of originality and the translation is 2% 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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Copyright rules
The logo of Amtrak is not considered a "work of authorship" because it only consists of simple text and shapes, so it is not an object of copyright in respect to US law. However, this logo is still protected by trademark laws.
The logo of Amtrak is not considered a "work of authorship" because it only consists of simple text and shapes, so it is not an object of copyright in respect to US law. However, this logo is still protected by trademark laws.

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).

As a rule, copyright applies to a work as a whole. If a work contains a portion that is complex enough to receive copyright protection, then the whole work is considered to be copyrighted. One cannot upload said work to Commons by applying de minimis to the non-trivial portion.

The remainder of this page discusses images judged ineligible for copyright protection by a court or similar authority. It is usually impossible to determine whether a specific image is within the threshold of originality without a judicial decision. However, per precautionary principle, the image should be deleted if there is significant doubt that the image is not copyrighted.

For further information, see Threshold of originality on Wikipedia.

A descriptive infographic showing how the "Threshold of originality" varies by region.

Map

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


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COM:TOO United States

Сполучені Штати Америки

These images are OK to upload to Commons, because they are below the threshold of originality required for copyright protection.

  • Bridgeman v Corel 36 F. Supp. 2d 191 (S.D.N.Y. 1999): court ruling that 2D photographs of the original art has no valid claims for new copyrights (case description)
    Bridgeman v Corel 36 F. Supp. 2d 191 (S.D.N.Y. 1999): court ruling that 2D photographs of the original art has no valid claims for new copyrights (case description)
  • NFL abandoned its copyright claims on the fleur-de-lis (news report)
    NFL abandoned its copyright claims on the fleur-de-lis (news report)
  • Best Western hotels: Consists of letters plus a simple border. None of these is eligible for copyright protection in United States. (authority)
    Best Western hotels: Consists of letters plus a simple border. None of these is eligible for copyright protection in United States. (authority)
  • DUB magazine: Consists of letters only. None of these is eligible for copyright protection in United States. (authority)
    DUB magazine: Consists of letters only. None of these is eligible for copyright protection in United States. (authority)
  • Nikken USA Inc. (authority)
    Nikken USA Inc. (authority)
  • Bruce Lee core symbol (authority)
    Bruce Lee core symbol (authority)
  • New York Arrows logo (case report)
    New York Arrows logo (case report)
  • Car Credit City logo: Copyright office ruled this logo too simple to be protected, but a slightly more complicated version (shown in the linked letter) was accepted for registration (authority)
    Car Credit City logo: Copyright office ruled this logo too simple to be protected, but a slightly more complicated version (shown in the linked letter) was accepted for registration (authority)
  • Symbols for "Myst" (authority)
    Symbols for "Myst" (authority)
  • Letter S (authority)
    Letter S (authority)
  • (authority)
    (authority)
  • Registration was cancelled (authority)
    Registration was cancelled (authority)
  • Registration refused (authority)
    Registration refused (authority)
  • Ets-Hokin v Skyy Spirits Inc.: Photo is eligible for copyright protection, but not the bottle
    Ets-Hokin v Skyy Spirits Inc.: Photo is eligible for copyright protection, but not the bottle
  • A plastic version lacked originality (L Batlin & Son v. Snyder)
    A plastic version lacked originality (L Batlin & Son v. Snyder)
  • Koosh balls; "inseparable", OddzOn Products, Inc. v. Oman (case report)
    Koosh balls; "inseparable", OddzOn Products, Inc. v. Oman (case report)
  • Map of Arkansas: Addition of shading, colors, labels to a free black and white outline map (case report)
    Map of Arkansas: Addition of shading, colors, labels to a free black and white outline map (case report)
  • Avenue of the Saints logo; registration refused despite compilation copyright claim for arrangement of otherwise unprotectable elements (authority)
    Avenue of the Saints logo; registration refused despite compilation copyright claim for arrangement of otherwise unprotectable elements (authority)
  • Geek Squad logo (authority)
    Geek Squad logo (authority)
  • Subway logo (authority)
    Subway logo (authority)
  • Discover It logo: the Copyright Office found that the elements, including the shading effect, were insufficiently creative to be copyright-eligible (authority)
    Discover It logo: the Copyright Office found that the elements, including the shading effect, were insufficiently creative to be copyright-eligible (authority)
  • Cyberpunk 2077 logo (authority)
    Cyberpunk 2077 logo (authority)
  • Los Angeles FC logo (authority)
    Los Angeles FC logo (authority)
  • Nikon logo (authority)
    Nikon logo (authority)
  • San Francisco Shock logo (authority)
    San Francisco Shock logo (authority)
  • Commvault Systems hexagon logo (authority)
    Commvault Systems hexagon logo (authority)
  • American Made Logo (authority)
    American Made Logo (authority)
  • Jamba Juice logo (authority)
    Jamba Juice logo (authority)

Despite repeated requests, the US Copyright Office found the Vodafone speechmark (shaded version) ineligible for copyright protection. It cannot, however, be uploaded to Commons because it's a UK logo.

These are  Not OK 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.

  • These two "no soliciting" signs, although arguably relatively simple, have been issued copyright registration numbers by the United States Copyright Office, which means that they have been reviewed and determined to be eligible for copyright protection. It should be noted that the copyright registration applies to the images as a whole, including their borders.
  • A variant of File:CarCreditCity.png with an extra border.
  • American Airlines flight symbol VA0002130520; Copyright Office initially refused copyright as being just below the threshold, but upon a higher-resolution submission of the artwork, decided that the shading plus the arrangement pushed the logo just above the threshold and granted a registration. (DR)
Paintings

 Not OK for most paintings.

Even seemingly simple paintings consisting of geometric shapes are often copyrighted due to details that may not be immediately obvious to the viewer.

  • Photographic reproductions of paintings by Mark Rothko have been granted registration by the US Copyright Office, so it is reasonable to assume that the original works are also copyrighted.
Other

Although the threshold of originality for non-graphic works (such as architecture and sound recordings) follow the same standards, such cases can be difficult to determine.

  • The five-note melody that typically accompanies Intel's logo was granted copyright protection because it "combined and blended synthesized, digital sounds" and was "refined and mastered with a special spatial enhancer." [3]
  • Anish Kapoor's Cloud Gate is a relatively simple 3D sculpture that was deemed eligible for copyright (VA0001983425)
  • The replica of public domain object Statue of Liberty in New York-New York Hotel and Casino is deemed eligible for copyright, also the United States Postal Service is being sued for copyright infringement for famously (and mistakenly) using this statue instead of the real Statue of Liberty on its Forever stamps. (VAu001149387 and VA0001882070) also see (DR1) (DR2)

Civil law countries

Civil law countries usually require a relatively high minimum level of intellectual creativity which will exclude typical signatures and simple logos from copyright protection. However, this does not apply to all such countries. For example, Austria and China are both known to have a relatively low threshold of originality, while a few simple logos from the Philippines gained copyright registrations from the country's Intellectual Property Office.

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 Вікісховища:Правила авторського права за територією country subpage, and add a link to it with an entry below.

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Афганістан

No information available
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Австрія

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Бразилія

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Чехія

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Чилі

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Китай

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Данія

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Фінляндія

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Франція

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Німеччина

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Греція

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Угорщина

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Індонезія

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Іран

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Італія

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Японія

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Лівія

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Люксембург

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Мексика

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Нідерланди

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Норвегія

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Перу

No information available
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Філіппіни

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Польща

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Португалія

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Росія

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Сенегал

No information available
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Словенія

No information available
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Південна Корея

No information available
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Іспанія

No information available
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Швеція

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Швейцарія

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Республіка Китай

No information available
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Туреччина

No information available

Common law countries

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.

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Австралія

No information available
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Канада

No information available
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Гонконг

No information available
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Індія

No information available
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Ірландія

No information available
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Ізраїль

No information available
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Малайзія

No information available
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Нігерія

No information available
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Нова Зеландія

No information available
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Сінгапур

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Велика Британія

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:

  • (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.

See also

References

Some citation text may not have been transcluded
  1. ↑ Omega S.A., v. Costco Wholesale Corp., 541 F.3d 982, 983.
  2. ↑ Fishman, Stephen (2014) The Public Domain: How to Find & Use Copyright-Free Writings, Music, Art & More, Nolo, p. 183 Retrieved on 29 August 2014. ISBN: 1413320287.
  3. ↑ [1]

For more complete, working references see Вікісховища:Правила авторського права за територією and the individual countries and territories:

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