Originality is the aspect of created or invented works that distinguish them from reproductions, clones, forgeries, or substantially derivative works.[citation needed] The modern idea of originality is according to some scholars tied to Romanticism,[1] by a notion that is often called romantic originality.[2][3][4] The validity of "originality" as an operational concept has been questioned. For example, there is no clear boundary between "derivative" and "inspired by" or "in the tradition of."
The concept of originality is both culturally and historically contingent. For example, unattributed reiteration of a published text in one culture might be considered plagiarism but in another culture might be regarded as a convention of veneration. At the time of Shakespeare, it was more common to appreciate the similarity with an admired classical work, and Shakespeare himself avoided "unnecessary invention".[5][6][7] It wasn't until the start of the 18th century that the concept of originality became an ideal in Western culture.[5][8]
In law, originality has become an important legal concept with respect to intellectual property, where creativity and invention have manifest as protectable or copyrightable works.[clarification needed]In the Berne Convention for the Protection of Literary and Artistic Works (1886) that has been adapted by 181 countries and city-states, "original work" gives a creator exclusive rights; protection for creative works are automatically in force upon their creation without being asserted or declared.
In the patent law of the United States, only original inventions can be subject to protection. In addition to being original, inventions submitted for a patent must also be useful and nonobvious.[citation needed]
In United States copyright law copyrights protect only original works of authorship, a property which has been historically and legally linked to a concept of "creativity". A work must pass a threshold of originality in order to be copyrightable.[9] In other countries protection of a work often is connected to similar conditions.
In United Kingdom intellectual property law, a derived work can demonstrate originality, and must do so if it is to respect copyright.[citation needed]