Commons:Поріг оригінальності
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The threshold of originality is a concept in copyright law that is used to assess whether or not a particular work, or a portion of it, can be copyrighted. It is used to distinguish works that are sufficiently original to warrant copyright protection from those that are not. In this context, "originality" refers to "coming from someone as the originator/author" (insofar as it somehow reflects the author's personality), rather than "never having occurred or existed before" (which would amount to the protection of something new, as in patent protection).
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.
![](https://upload.wikimedia.org/wikipedia/commons/thumb/7/77/Threshold_of_originality_variations.png/220px-Threshold_of_originality_variations.png)
Map
- [This illustration is not explained enough. You may edit the page to make it clearer.]
COM:TOO United States
These images are OK to upload to Commons, because they are below the threshold of originality required for copyright protection.
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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)
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NFL abandoned its copyright claims on the fleur-de-lis (news report)
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Best Western hotels: Consists of letters plus a simple border. None of these is eligible for copyright protection in United States. (authority)
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DUB magazine: Consists of letters only. None of these is eligible for copyright protection in United States. (authority)
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Nikken USA Inc. (authority)
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Bruce Lee core symbol (authority)
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New York Arrows logo (case report)
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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)
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Symbols for "Myst" (authority)
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Letter S (authority)
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Registration was cancelled (authority)
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Registration refused (authority)
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Ets-Hokin v Skyy Spirits Inc.: Photo is eligible for copyright protection, but not the bottle
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A plastic version lacked originality (L Batlin & Son v. Snyder)
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Koosh balls; "inseparable", OddzOn Products, Inc. v. Oman (case report)
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Map of Arkansas: Addition of shading, colors, labels to a free black and white outline map (case report)
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Avenue of the Saints logo; registration refused despite compilation copyright claim for arrangement of otherwise unprotectable elements (authority)
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Geek Squad logo (authority)
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Subway logo (authority)
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Discover It logo: the Copyright Office found that the elements, including the shading effect, were insufficiently creative to be copyright-eligible (authority)
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Cyberpunk 2077 logo (authority)
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Los Angeles FC logo (authority)
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Nikon logo (authority)
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San Francisco Shock logo (authority)
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Commvault Systems hexagon logo (authority)
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American Made Logo (authority)
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Jamba Juice logo (authority)
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“Art” by On Kawara
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Book by On Kawara, which consists only of dates.
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)
- w:File:Disney Junior.svg (VA0001927957).
- w:File:Prince logo.svg (VA0000832222).
- The "Omega Globe Design" (VAu000574660) was assumed to be copyrightable by the Ninth Circuit US Court of Appeals.[1]
- Works from other countries which are above the threshold of originality of the United States but below the threshold of originality of the source country (Hasbro Bradley, Inc. v. Sparkle Toys, Inc.)
- New "pan and scan" versions of films where a widescreen film has been resized to fit the size of a TV screen even if the existing widescreen film is uncopyrighted (Maljack Productions, Inc. v. UAV Corp.)[2]
- In 1951, this mezzotint reproduction of an existing uncopyrighted painting was found to be copyrightable.
- The clothing designs found on pp. 4–5 of the Sixth Circuit's decision in Varsity Brands et al. v. Star Athletica (2015).
- The PAC 12 shield logo en:File:Pac-12 logo.svg (V3617D047).
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VA0001789579 (and CC-BY 3.0)
- File:Five-element-cycles.jpg ([2]): The arrangement is under a copyright, according to WMF Legal.
- w:File:BP Helios logo.svg is eligible for copyright in the US according to WMF legal, though "not by a lot, but just enough". Note that Commons policy on the country of origin requires this logo to be judged by UK standards. The creativity needed for copyright protection in the UK and most other common law countries is much lower; legal only commented on the threshold of originality in the United States.
- File:REMAX hot air balloon logo.svg: The logo was denied copyright registration as a trivial simplification of an earlier 1998 logo. However, that does not mean that the work as a whole is uncopyrightable; it is still a derivative work of the original logo, and DR consensus was that unlike File:Mickey Mouse head and ears.svg, the derivative still had sufficient creative elements to be copyrightable.
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VA0001427710 (and Apache License 2.0)
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VA0001950611 (and Apache License 2.0)
- w:File:PBS logo.svg and w:File:PBS (1984-2019) logo.svg: The PBS logo (VA0001310087). Also see DR1 and DR2
- Juneteenth flag (on English Wikipedia as en:File:Juneteenth flag.webp) (VAu000488555)
- 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.
- Red, white and brown (VA0000089094)
- 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.
COM:TOO Afghanistan
Афганістан
COM:TOO Austria
Австрія
COM:TOO Brazil
Бразилія
COM:TOO Czech Republic
Чехія
COM:TOO Chile
Чилі
COM:TOO China
Китай
COM:TOO Denmark
Данія
COM:TOO Finland
Фінляндія
COM:TOO France
Франція
COM:TOO Germany
Німеччина
COM:TOO Greece
Греція
COM:TOO Hungary
Угорщина
COM:TOO Indonesia
Індонезія
COM:TOO Iran
Іран
COM:TOO Italy
Італія
COM:TOO Japan
Японія
COM:TOO Libya
Лівія
COM:TOO Luxembourg
Люксембург
COM:TOO Mexico
Мексика
COM:TOO Netherlands
Нідерланди
COM:TOO Norway
Норвегія
COM:TOO Peru
Перу
COM:TOO Philippines
Філіппіни
COM:TOO Poland
Польща
COM:TOO Portugal
Португалія
COM:TOO Russia
Росія
COM:TOO Senegal
Сенегал
COM:TOO Slovenia
Словенія
COM:TOO South Korea
Південна Корея
COM:TOO Spain
Іспанія
COM:TOO Sweden
Швеція
COM:TOO Switzerland
Швейцарія
COM:TOO Taiwan
Республіка Китай
COM:TOO Turkey
Туреччина
Common law countries
![](https://upload.wikimedia.org/wikipedia/commons/thumb/1/17/System-search.svg/25px-System-search.svg.png)
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.
COM:TOO Australia
Австралія
COM:TOO Canada
Канада
COM:TOO Hong Kong
Гонконг
COM:TOO India
Індія
COM:TOO Ireland
Ірландія
COM:TOO Israel
Ізраїль
COM:TOO Malaysia
Малайзія
COM:TOO Nigeria
Нігерія
COM:TOO New Zealand
Нова Зеландія
COM:TOO Singapore
Сінгапур
COM:TOO United Kingdom
Велика Британія
Logos and flags
- The logos in these images may *not* be eligible for copyright protection
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claimed not to reach the threshold
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(DR)
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(DR) "PD text logo -- no question"
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(Australian company logo DR) "PD-textlogo"
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(Canada company logo DR) "PD-textlogo"
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(DR)
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(DR)
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(DR)
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(DR)
- File:Hercules 1998 Intertitle.png originally "background isn't elaborate or eligible for any type of copyright" (decided here in 2010), deleted in 2012 as "shows artistry beyond the TOO".
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:
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(DR) Photograph of a three-dimensional object (drawer pull) with bevels and cast shadows
Maps
Maps which have been deemed ineligible for copyright protection:
![](https://upload.wikimedia.org/wikipedia/commons/thumb/d/d9/Appraisers.com_-_Map_of_the_United_States_-_May_2002.gif/220px-Appraisers.com_-_Map_of_the_United_States_-_May_2002.gif)
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:
- Commons:Map resources and its sections on public domain maps on the web.
- Open.Michigan Wiki. Casebook archive on "whether or not the content object is protected by US Copyright law.". Opening in the maps section. Data-driven maps in particular are in the public domain. The map represents data. All choices made in the creation of the map being based upon utilitarian and informational considerations. See also: Commons talk:Threshold of originality#Casebook. More locations. See this University of Michigan Casebook archive here. It loads much faster than the Casebook at archive.org.
- Public domain maps. From: Public Domain Sherpa. A copyright and trademark lawyer.
- Category:PD map
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:
- Commons:Chart and graph resources and its section on public domain charts on the web.
- Open.Michigan Wiki. Casebook archive on "whether or not the content object is protected by US Copyright law.". Opening in the charts section. See also: Commons talk:Threshold of originality#Casebook. More locations. See this University of Michigan Casebook archive here. It loads much faster than the Casebook at archive.org.
- Category:PD chart
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See discussion.
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See the info in the author section of the file description.
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See the deletion discussion, and this discussion.
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See the deletion discussion.
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See the deletion discussion.
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.
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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.
- File:BBC.svg and many associated variants for BBC divisions were kept, because they only contain Gill Sans, which is an old, standard font.
See Commons:Deletion requests/File:BBC.svg. - File:Clerical Medical.png (uploaded as non-free content (fair use) on en.wikipedia.org)
See Commons:Deletion requests/File:Clerical Medical.png (with reasoning of the EDGE logo).
See also
- {{Licensed-TOO}} template for formatting and internationalization of licenses of TOO images
- Вікісховище:Правила копірайту за темами
- Category:Threshold of originality related deletion requests
- Commons:When to use the PD-scan tag - on the level of originality needed for a scan of a work to generate a copyright independent of the work
- Commons:When to use the PD-Art tag - on the level of originality needed for a photo of a work to generate a copyright independent of the work
- meta:Wikilegal/Copyright threshold of originality for logos
- Category: PD-ineligible license tags
- Category: PD ineligible
- Commons:Chart and graph resources. Including other public domain resources.
- Commons:Map resources. Including other public domain resources.
References
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For more complete, working references see Вікісховища:Правила авторського права за територією and the individual countries and territories: