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. Arrangements and originality in copyright law, by Alexandra Sims
 08-05-2007
The Copyright Act provides that a work must be original before it can be protected by copyright. This article looks at the meaning of "originality" in copyright law and examines leading cases, including the recent Supreme Court case Henkel KgaA v Holdfast New Zealand Limited. According to the author, the Supreme Court has clarified that, while the test for originality is low, originality also determines the level of protection: the less original the work the lower its protection will be. The author suggests that the Supreme Court is signaling a move away from the application of the principle that "what is worth copying is prima facie worth protecting".
Source: New Zealand Intellectual Property Journal, Volume 4, Part 11, February 2007
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