Workable, Yet Fair Standard Sample Clauses

Workable, Yet Fair Standard. 24 Requiring that an original work be the product of an exercise of skill and judgment is a workable yet fair standard. The “sweat of the brow” approach to originality is too low a standard. It shifts the bal- ance of copyright protection too far in favour of the owner’s rights, and fails to allow copyright to pro- tect the public’s interest in maximizing the produc- tion and dissemination of intellectual works. On the other hand, the creativity standard of original- ity is too high. A creativity standard implies that something must be novel or non-obvious — con- cepts more properly associated with patent law than copyright law. By way of contrast, a stand- ard requiring the exercise of skill and judgment in the production of a work avoids these difficulties and provides a workable and appropriate standard for copyright protection that is consistent with the policy objectives of the Copyright Act.