Nijat Jeyhun Alakbarov
IMPORTANCE OF ORIGINALITY IN COPYRIGHT LAW
Key words: originality, copyright, protection, creativity
Açar sözlər: orijinallıq,müəlliflik hüququ,qorunma, kreativlik
Ключев слова: оригинальность, авторское право, защита, креативность
In this research I will try to clarify that originality is truly important or not. This notion is new in copyright law and it needs to research. In practice, some works do not have comprehensive protection mechanism. This is concerned with lackness of originality. Although child painting meet copyright requirements, in the litigation level the author feels lackness of originality. In one word, in copyright to get protection for work is easier than patent but to defend your rights depends on originality of your work.
Originality is new in the copyright so it firstly appeared in the case of “feist publications, inc. v. rural telephone service”. But before originality is not known as copyright requirement. Although sometimes originality is not required for copyright object such as painting of child. Therefore this topic needs to research. Cause of being questionable of originality is to be flexible. Generally it is requiered but sometimes not.
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