Beyond "Sweat of the Brow": What Truly Makes a Work Original?

11/07/2025 20 min Temporada 1 Episodio 1

Listen "Beyond "Sweat of the Brow": What Truly Makes a Work Original?"

Episode Synopsis

Think putting in hours of effort automatically grants you copyright? Think again! This episode challenges the common misconception that sheer hard work alone earns copyright protection. We're diving deep into the fascinating world of originality in U.S. copyright law, guided by the Supreme Court's game-changing Feist Publications v. Rural Telephone Service Co. decision. What exactly does a "modicum of creativity" mean, and why did the Court reject the "sweat of the brow" doctrine? Join us as we uncover how this ruling keeps facts and ideas free for everyone, protecting only the unique ways they're expressed. We'll also unpack the difference between copyright's originality and patent's novelty, and see how this standard plays out in everything from data compilations to new takes on existing works. Get ready to rethink what "original" truly means in the eyes of the law!

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