Originality in Derivative Works: The Academy Logo in the Light of United Kingdom, South African and Ghanaian Copyright Laws

Abstract

 This paper provides an insight into the test of originality, dwelling on the perspectives from three common law countries. These perspectives are measured against the United States threshold of originality, using the Academy Logo (the Work ) as a mirror. In the main, the paper argues that even though the U.S. standard, set for satisfying the requirements of originality, particularly for derivative works, is high and difficult to meet, the test of originality under the common law is equally not of a low threshold. Nonetheless, whereas common law, in many respects, attempts to reward labour, the U.S. test on originality leans towards the progress of science and useful arts.