There are however some variety of
works that are checked by judges to contain no creativity at all. For example, a mere listing of things or
contents, such in a recipe, is countable to be fully lacking in creativity and
cannot be protected under copyright.
Similarly, telephone directory yellow pages and other listing of database
have also been seemed to lack even minimal creativity.
Raw data and facts like name, address, street name and mobile numbers
lack ‘minimal creativity’ and hence are not protected under copyright
Database is a completely different subject and
may have complete or fix protection
under copyright law.
Copyright protection contains “Automated
Databases” providing protection for fix collections of information, data that
meet the minimal creativity test. The
law basically protects even a person who has compiled a raw data, but has taken
some effort and creativity on his/her part to ‘compile’ the data.
. the originality and creative requirement, works to prevent others from making an exact
copy of a public domain work from getting a copyright protection. For example, photographs of public domain
paintings and drawings may also fail the basic creativity requirement.
is a list of items that you may use
• Scientific principles, laws of
nature, mathematical formulae, theorems , etc.
• Scientific and other research
methodologies, statistical techniques and educational processes
• Ideas, concepts, discoveries,
theories and hypotheses .
• Facts,data, information not
recorded or written down
• Data, know-how and knowledge that
has not been recorded
• Laws, regulations, judicial
opinions, government documents and legislative reports (large business have
been developed just to sell this type of information!)
• Innovations qualifying for
intellectual property protection, in which either no rights are claimed or in
which rights have expired
• Innovations that fail to qualify
for intellectual property protection because they do not meet the requirements
for patent, copyright or trademark protection
• Word, names, numbers, symbols,
signs, rules of grammar and diction, and punctuation.
Reference case on the Doctrine of
minimal creativity. In these case the Doctrine of minimal creativity is mainly
soul of the document which copyrightable or not.