共享资源:原创门槛

• 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)

According to the 2008 Copyright Law, work that may be protected includes: Photography work that has been created using an innovative mode; Innovative work of handicraft or industrial art (carpet designs, rugs, felt carpet and its attachments etc.); Innovative work which has been created based on the public culture (folklore) or national cultural heritage and art.^{[2008 Article 6(1) items 7-9]}

Austria has a low threshold of originality despite being a civil law country. See the archived discussion on the German Wikipedia.

These logos are  不可以:

• Bauer Logo.

There are some court cases related to threshold of originality in Brazil. According to one study, and the court decisions contained in it, the concept of creativity in Brazil is way more strict and exigent than in the United States, and consequently the threshold of originality is considerably higher than the United States, which is the general reference in Commons.

Examples:

• 可以. In the case of Boneco de Preço Miúdo (2011), puppets that were a tridimensional and humanized version of a logo were deemed by the court to lack enough originality to be protected. The court considered that there was no originality or unpublished work in the puppets because they represented an already existing symbol (the supermarket's logo), and that there were already previous 3D and humanized versions of that logo. The court did not grant any value nor legal protection to the specific 3D and humanized version of the logo in question, and called it something like a "stylization subordinate to a previous idea".

• 可以. Copyright for compilations/ reorganizations of already existing elements has often been rejected on court, hinting that the threshold for what constitutes an "intellectual creation" in this respect is quite high in Brazil.

• 可以. Slogans are generally acceptable. In rare occasions they may be protected, when there is such a level of creativity as to attain the level of a literary work. For example, in the Guerra das Moedas court case (2013), copyright in the expression was not recognized by the court. The verdict stated that the language is the cultural patrimony of the people, so language expressions can't be protected by law. The Rede Globo vs. Ronaldo Ciambroni case was similar.

Some examples help define which photos are, and are not, "artistic creations", and therefore object of protection under the 1973 copyright law:

• 可以. The facade of the Jung Frau building, in Joinville, as well as partial views of the city, when photographed in an obvious simple way, without employment of any special ("diferenciada") technique". The court ruled: "photographs are not considered artistic creations ... that portray in a manifestly simple way, without use of any differentiated technique, the front of a residential building and a partial view of the city, under a service contract with a real estate business with a predefined advertising purpose"

• 可以. Simple documentary, descriptive photographs in general, such as photographs documenting social reunions: In SC-AC 111630 SC 2002.011163-0 (2006): "mere photographic documentation, without artistic character, does not qualify for copyright ... making it possible to use a copy without mention of the photographer's name, since, according to Brazilian law, only artistic photography (by choice of the object and conditions of execution) is listed among protected works. ... [for example] with documentary photographs of social gatherings, where the author was performing duties for the defendant, a reference to the photographer's name is not required because it is not an artistic work..."

• 可以. A 2000 ruling stated: "Photographs for identity documents, produced by automatic machines, are not artistic works. ... Neither should purely technical photographs, which reproduce a certain object without the slightest artistic concern, be protected by copyright."

•  不可以 Another 2000 decision stated: "the photos [...] have an artistic character characterized by the originality, creativity and technique of its author, elements that reveal ... a work of art. They are not, as the appellant claims, mere reproductions of images for advertising purposes, or common snapshots."

Puppets who were a tridimensional and humanized version of this logo were deemed in court to lack enough originality to be protected.

The work must be "a unique outcome of the creative activity of the author".^{[121/2000–2006 Art.2(1)]} For photographs and computer programs, it suffices if the work "is original in the sense that it is the author’s own intellectual creation".^{[121/2000–2006 Art.2(2)]}

Registration in the Intellectual Property Registry generates a "presumption" of copyright in favor of the registrant. Any work may be registered for "presumed" copyright, but Law No. 17.336 clearly states the "presumed" copyright may be contested. That is because, as established in "Astorga Sánchez José / Inversiones C. S. A.", C-2470-2009, 17.° Juzgado Civil de Santiago (28 October 2011), the Intellectual Property Conservator (Conservador) only makes the deposit of the documents into the registry, does not make an examination of their originality, or to determine whether the deposited documents are works or not, and so certificates of intellectual property generated by the Intellectual Property Registry do not establish that a work is new, original or viceversa. The Conservator of Intellectual Property expressed in 2011 it is up to the judicial system "to carry out an originality test to define whether the creation is indeed a particular manifestation of human ingenuity that can be classified as original compared to other equivalent creations, analyzed from a subjective perspective, that is, that the imprint or trace of the author can be perceived, that allows it to stand out from others". Such pronouncement was adhered to by the 17th civil judge of Santiago.^[17]

For works of visual art, the threshold of originality is relatively low.^[23] Simple logos, however, are generally below the threshold of originality.^[24] In particular, the threshold is high when only basic colors and shapes (such as triangles, squares and circles or capital letters) are used.

French law asserts that a work is copyrightable when it bears the "imprint of the personality of the author". In practice, it depends on the work in question, but this has left the bar quite low for many works where an artistic intent can be shown. For an art exhibition, a man placed the word paradis with gold lettering above the bathroom door of the old dormitory of alcoholics at a psychiatric facility, and termed it artwork; the French courts agreed with him that it was copyrightable based on the aesthetic choices made ("affixing the word 'paradise' in gold with patina effect and a special graphics on dilapidated door, the lock-shaped cross, encased in a crumbling wall with peeling paint").

France has "a slightly higher threshold of originality in general, and particularly so in the context of photographic works".

A decision from Supreme court (Cour de Cassation) on October 2011 agreed with appeal court decision saying that a quite artistic picture of two fish on a yellow plate about a traditional Marseille meal could not be protected by French law because of lack of originality.^[28] According to this decision, level of originality required by this appeal court is very high. This decision was criticized but French supreme court does not control facts but only controls interpretation of the law.

Examples from court cases on applied art:^[36]

• a climbing structure for playgrounds made of ropes (pictured in the decision, p 3 bottom) because the structure consists of freely selectable or interchangeable yet technically required features and does not exhibit artistic creativity;^[37]

• a wooden toy train ("birthday train") with wagons in which candles and numbers can be inserted (pictured in the decision, p 3) because there were similar-looking, pre-existing toy trains.^[38]

• a logo (pictured here in black and white) consisting of the text "Match by Audiotec Fischer" and the commonly used "fast-forward" symbol because neither the design of the text nor the design of the symbol ("widely used in the audio world") nor the combination of the two could be considered an artistic creation.^[39]

• a logo consisting of a mouth, eyes, and wave lines ("eyebrows") (pictured in the decision, p 3) (in the case at issue, the design was painted on the exterior of a ship and therefore could be reproduced under the freedom of panorama limitation);^[40]

• a toy train comprised of wooden animal figurines on wheels ("birthday caravan") (pictured in the decision, p 3) because it was a complete redesign of pre-existing toy trains, whose locomotive and waggons were replaced with animals, and the overall design (shapes, colours) was not the result of technical necessities but an expression of the author's artistic creativity;^[41]

• an urn emblazoned with an airbrushed depiction of a deer (pictured in the decision, on the left);^[42]

• a Birkenstock sandal (model "Madrid");^[43]

• a Porsche 356 sports car (pictured in the decision, 3rd and 4th image from the top);^[44]

• a patio heater with a triangular base (pictured in the decision, first image).^[45]

• chairs and tables based on drafts by the designers Marcel Breuer ("Wassily" chair, "Laccio" table) and Ludwig Mies van der Rohe ("Barcelona" chair, stool, couch, and table; "Brno" chair; "Prag" chair);^[47]

• the "Wilhelm Wagenfeld table lamp";^[48]

• a brilliant-cut diamond ring ("Niessing-Spannring").^[49]

The term “work” is defined as including any original intellectual creation expressed in any form, including alterations of other works as well as collections of works, provided that the selection or the arrangement of such collections is original.^[50]

Originality is understood by Greek jurisprudence as a notion of “statistical uniqueness”, which means that the work involves skill, labor and judgment emanating from the author and that no other person, acting under the same circumstances, could produce the exact same work.^[51]

可以

• stylized text with a common stylized globe icon (does not show the actual image).

Hogan Lovells states "In summary, the threshold for an industrial design product to enjoy copyright protection is still quite high and even famous industrial design products have been denied such protection by Italian Courts."

Probably this applies to logos too. These files have been kept as simple logos:

But the logo of AC Parma was deleted as being a complex logo.

For photographic and cinematic works which are limited to the mere mechanical transmission of scenery, rights expire 5 years from the date of first publication.^{[9/1968 Article 20]}

According to Jean-Luc Putz, the threshold of originality in Luxembourg is not as strict as in UK but not as liberal as in Germany. During the legislation the intent was to orientate with other Benelux states or France.

Simple logos are okay in the Netherlands but not all logos are. Whether something is above the threshold of originality in the Netherlands is defined in the Supreme Court judgment "'Van Dale/Romme'". In this judgment, the Supreme Court ruled that:^[63]

• In assessing the ground of cassation it should be noted that, for a product to be considered a work of literature, science or art as meant in article 1 in conjunction with article 10 of the Copyright law (Auteurswet), it is required that it has an own, original character and bears the personal mark of the maker.

This was further specified in the Supreme Court judgment ''Endstra-tapes':^[64]

• The product has to bear an own, original character. In short, this means the shape may not be based on that of another work. (cf. article 13 Aw.) The demand that the product has to bear the personal mark of the maker means that there has to be a shape that is the result of creative human labor and thus creative choices, which therefore is a product of the human mind. In any case, excluded from this is everything that has a shape that is so trivial or banal, that one cannot show any creative labor behind it of any kind whatsoever.

Later the Supreme Court determined in judgment on Stokke v. Fikszo that:^[65]

• For a work to be eligible for copyright, it is necessary that the work has an own original character and bears the personal mark of the maker ... The Court of Justice of the European Union has has formulated the benchmark in such a way that it must concern "an intellectual creation of the author of the work".

Not protected

Two-minute theatre play.

Protected

• A specific chair design (Tripp Trapp)
• The logo for the TV series Jul i Blåfjell.

Indecopi established parameters to qualify the originality of graphic and photographic compositions. Because of the higher originality threshold (independent of its endeavour, novelty, inspiration and technique, the requirement is to leave some space for the development of its author's personality, not a copy or imitation, referred as "originalidad subjetiva"),^[68] simple designs, non-production videographic creations and old photographs without demonstrating their individuality can be uploaded to Commons. See also Andean Community: Threshold of originality.

Old published photographs have a copyright term of 20 years counted from the first of January of the year following that of the disclosing of the photograph before 1976. The notes shown are based on the rescinded 1961 law:

Recent published photographs below threshold have a copyright term of 70 years counted from the first of January of the year following that of the taking of the photograph. Fortunately, this term usually flexible in the cases and facts shown below:

There is threshold of originality for audiovisual creations but their protection is similar for both works and recordings (publish/create + 70 years). While cinematographic works ("obra audiovisual") are protected in their entirety, the related rights can only be granted to the producer of non-artistic filming ("grabación audiovisual"),^{[822/1996 Art. 140]} which also include performance and broadcasting.^{[822/1996 Art. 143]} Resolution 000111-1999-ODA-INDECOPI establishes differences between the two terms, in particular, and in a similar way to simple photographs, the fixation of the succession of images. But, Resolution 371-2001/TPI-INDECOPI establishes that the main requirement to receive related rights from the producer of non-artistic filming consists of: "present in their creation process a certain degree of creativity, technical or organizational skill sufficient to justify the recognition of a similar right in their favor" (p.e. Pay-per-View events).

Theoretically, a security camera captures in a public place could  lack of their producer (as a public asset is mainly assumed to Peruvian State) to be in the public domain. Security camera footage from Sistema Nacional de Seguridad Ciudadana is provided anonymously to the Peruvian National Police or Public Prosecutor's Office like state cameras in public areas, there is no knowed evidence from the original producer of the material.^{[N° 007-2020-IN Art. 18]} Opinión Consultiva 60-2019-JUS/DGTAIPD indicates that footage records are disclosure if these are for public interest and share in open data process (see also Works by the Peruvian Government ),^{[N° 007-2020-IN Art.22]} the places filmed correspond to "places of public domain",^{[N° 007-2020-IN Art. 7]} human monitoring exists but does not interfere with the surveillance camera's technical or creative ability for recording.^{[N° 007-2020-IN Art. 2]} Also it isn't artistic work since its custody cannot be altered from the original,^{[N° 007-2020-IN Art. 19]} as a result, the footage is below the threshold of originality and don't comply with related rights of article 143 of the 1996 law.^[76][77] Moral rights prevail of the person involved in this media. For these footage in official works, use {{PD-PE-exempt}}.

Simple or ordinary logos and designs are OK to upload to Commons, because they are below the threshold of originality required for copyright protection. In words of Indecopi and Ministry of Justice and quoting Resolutions No. 1349-2001/TPI-INDECOPI (first paragraph) and 0286-1998/TPI-INDECOPI (second paragraph):

In 18th paragraph in Casación Número: 1686-2011 explains the use of originality with architectural works satisfying utilitarian functions:

Note: Some creations are above the threshold of originality and  are not valid for upload to Commons:

• Logo of Tres Olivas: a leaf with three olives with tonalities, use of brightness and sensation of movement. See Resolution No 1774-2012/TPI-INDECOPI, Olivos del Sur S.A.C. vs Antonio Moncayo Cortés.^[81]
• Emblema La Primera. See Resolution No 2361-2016/TPI-INDECOPI.
• A fictional character in Superman: Krisis of the Krimson Kryptonite. See Resolution No 1164-2014/TPI-INDECOPI.
• A logo with a people with torch to the letter E, above the letter T. Triunfo Empresarial. See Resolution No 0319-2018/TPI-INDECOPI.

Per Tomasz Targosz (Institute of Intellectual Property Law, Jagiellonian University Kraków):

Polish copyright law has quite a long tradition of setting the threshold rather low, which may encourage frivolous lawsuits forcing courts to ponder whether simple graphic designs, short lines of text or even names should or should not be protected by copyright law.

w:File:Juventude Socialista Portugal.png was deleted as it was considered to be above the threshold of originality.

Photographs

In Portugal photographs have been consistently specifically required to have a significant degree of creativity in order to be copyrighted. Article §164 of the current 2017 copyright law states that "the choice of a photograph's subject and the conditions of its creation must be deemed to be a personal artistic creation by the author before a photograph may qualify for protection".

Court cases

• Landscape photograph: Ruled as without originality. In 2009 the Tribunal da Relação de Lisboa ruled as void of copyright for lack of artistic creativity a landscape photograph the author was claiming copyright on due to his choice of the setting, light and other conditions. It was considered by the court "a vulgar photograph resultant from the mere choice of an object, such as a city council building and part of a group of trees, without a minimum of creativity".^[83] The subject is discussed in a 2017 article published by the Instituto Portugues de Fotografia.

• Heart reproduction commissioned to a laboratory in order to be presented in an exposition: Ruled as without originality.^[83]
• Clothing/Fashion: Ruled as without originality.

Works of the mind may enjoy protection only if they are original. "Originality" means the work bears the stamp of the author's personality.^{[2008-09 Article 7]}

The threshold of originality in Slovenia depends on the field of creativity. If the maneuvering space of the possible creativity is narrower, it requires more creativity for a work to be copyrighted.

In this regard, the following court cases are relevant:

STS 4443/2004 notes that a work must have the characteristics of "uniqueness, individuality and distinguishability" to qualify for protection.^[92]

STS 1644/2017 concerns architecture and states "The terms in which an architectural project is drawn up largely respond to the technical or functional requirements and compliance with urban regulations. When this is the case, the project or the architectural buildings are not protected by copyright in the part imposed by those technical, functional or normative requirements"; and more generally, "the factor of recognizability or differentiation of the work with respect to the pre-existing ones [is] essential to grant an exclusive right with moral and patrimonial aspects".^[93]

"A simple general rule is that if it is unlikely that two persons would create, for example, a text identically or similarly, the text is probably sufficiently original to qualify as a protected work. (..) Often, the requirements for copyright protection are considered to be relatively low."

Swiss copyright law defines works as "literary and artistic intellectual creations with individual character, irrespective of their value or purpose".^[95] Such works are protected by copyright: "Up to 70 years after the death of the author (50 years for computer programs); 50 years from the taking of a photograph without individual character; 70 years from the performance/publication of a phonogram or audio-visual fixation; 50 years from the transmission of a broadcast."^[96] This section discusses some types of subject matter.

• Individual photographs: The individual character may manifest itself in a variety of ways, such as the choice of the depicted object, the decision on when the picture is taken, or the editing work done after the picture has been taken.^[97] In a 2003 decision, the Federal Supreme Court of Switzerland held that a photo of Bob Marley taken at a concert by a spectator with a handheld camera was eligible for protection as a photographic work because it had the required individual character by virtue of the aesthetic appeal of the picture, combined with the orientation of the picture's components and the distribution of light and shadow. It also found that the photograph was a "creation of the mind" by being shot at a specific time during the singer's movement on the stage.^[98] By contrast, in the 2004 case Blau Guggenheim v. British Broadcasting Corporation, the Court found that a photo (en:File:Christoph Meili 1997-nonfree.jpg), shot by a reporter to document Christoph Meili with the files he had taken from his employer, lacked individual character. It found that the scope of conceptual and technical possibilities was not exploited, and that the photograph did not distinguish itself in any way from what was common use.^[99] The copyright in an individual photograph lasts for 70 years from the end of the calendar year in which the author died.^[100]

• Non-individual photographs: Effective 1 April 2020, Swiss law also protects certain non-individual photographs. Article 2(3^bis) URG provides that "photographic depictions and depictions of three-dimensional objects produced by a process similar to that of photography are considered works, even if they do not have individual character". While no individuality is required, according to the official motives accompanying the (eventually adopted) revision draft, these photographs are still required to be "based on human actions", and thus "automatically created photographs such as radar pictures, pictures from surveillance cameras or camera traps" are ineligible for protection.^[101] It should be noted that the new right also applies to photographs created before 1 April 2020 that had previously not been protected for failing the individuality test; however, if a particular use of a non-individual photograph was "begun prior to the commencement" of the new law, it "may be completed".^[102] According to the official motives, this has the effect that "if non-individual photographs are used on a web page, the web page may be maintained after the entry into force of the protection of non-individual photographs. If, on the other hand, such photographs are included into an existing or a new web page after the entry into force of this protection, permission is required from the owner of the rights in the non-individual photographs."^[103] The copyright in a non-individual photograph lasts for 50 years from the end of the calendar year in which the photo was taken.^[104]

Might be OK The Turkish copyright laws depend on the work bearing the characteristics of its creator while deciding whether the work is original, and considered on a case-by-case basis.^[112]

Despite uncertainty on the required level of originality needed to qualify for copyright protection, images that have been retained on Commons include:

Although Israel historically used a "skill and labour" test similar to that used by the UK, since the 1989 Israeli Supreme Court's ruling in Interlego A/S v. Exin-Lines Bros. SA they have tended fairly close to a US-style requirement equating originality with human creativity.^[114] In Israel, the Supreme Court in the Interlego A/S v. Exin-Lines Bros. SA decision adopted the Feist ruling with regards to both the interpretation of the originality requirement and the general rejection of the ‘sweat of the brow’ doctrine and the labour theory as a legitimate interest for establishing a copyright claim.

Under the Copyright Act of 1988 (Chapter C.28, as codified 2004), A literary, musical or artistic work shall not be eligible for copyright unless (a) sufficient effort has been expended on making the work to give it an original character;...^{[C28/2004 Section 1(2)]}

As stated in the New Zealand government's NZGOAL copyright guide (January 2015),

• As the Court of Appeal has stated, the “threshold test for originality is not high”, the determining factor being “whether sufficient time, skill, labour, or judgment has been expended in producing the work”. The Court has also reiterated the axiom, or principle, that copyright is not concerned with the originality of ideas but with the form of their expression. A work is not original, however, if (a) it is, or to the extent that it is, a copy of another work; or (b) it infringes the copyright in, or to the extent that it infringes the copyright in, another work.

Assume all Singaporean buildings as copyrighted, regardless of design or artistry involved. Copyright Act 2021 (Act 22 of 2021) explicitly considers all buildings as artistic works: a building or a model of a building (whether the building or model is of artistic quality or not).^{[22/2021 Section 20(1)(a)(ii)]} Please use {{FoP-Singapore}} even to plain-looking Singaporean buildings instead of {{PD-structure|SGP}}.

In determining whether a work is protected, typographical copyright, publication rights and database rights need to be considered.

This was restated in a November 2023 Appeal Court judgement (THJ v Sheridan, 2023) which confirmed that no new copyright is created in making a photographic reproduction of a two-dimensional public domain artwork, and that this has been the case since 2009. According to the judgement, the previously used "skill and labour" test had been replaced by the "author’s own intellectual creation" test.^[119][120]