معايير الإبداع في المصنف و محورية محل حماية حق المؤلف : دراسة تحليلية في إطار المبادئ القضائية الأمريكية

Abstract EN

Creativity is achieved through the translation of ideas which originate in the mind of the author to facts , patterns and styles that can be applied and utilized for the development of human life at all levels.

Creativity springs from the human personality that is able to reach the original results contrary to what is prevalent, or able to develop what exists originally.

It is based on the principles and criteria set by the legislative provisions and judicial principles that have accompanied the emergence and evolution of the concept of copyright, namely: originality and novelty.

So, the legal protection of the copyright depends on the way to express an idea, but not on the idea itself.

This study focuses on analysis of the standard of originality and novelty with in frame of American judicial principles, preceded the concept of creativity.