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William W. Fisher, Recalibrating Originality, 54 Hous. L. Rev. 437 (2016).


Abstract: In all countries, a work is eligible for copyright protection only if it is "original." However, the manner in which that requirement is interpreted varies by country. This article first surveys the ways in which "originality' is currently construed, then proposes a reorientation of the doctrine that would advance more effectively than any of the extant interpretations the proper objectives of the copyright system.