영국 저작권법상 ‘창작성(originality)’ 개념의 역사적 기원

Under the U.K. Copyright Act, the origin of the originality concept dates back to the Ann Act(1710). The Act grants rights to authors and others without mentioning originality. The concept of originality developed in the process of interpretation of the concept of ‘author’ in the court until the copyright law explicitly required originality in 1911. Burnett v Chetwood (1720) and Gyles v Wilcox (1740) ruled that labor was important, and that translations and abbreviations could be viewed as new works, respectively. In this way, the concept of ‘originality’, which means ‘not copied’, is born, different from the creativity of genius or novelty in patent law. In addition, through the judgments of the late 18th century, the notion of ‘originality of expression’ is formed. Thus, in the 18th century, the British judiciary created the concept of ‘originality’, which is ‘not copied’ and ‘original in expression.’ The concept of ‘creative genius’ in literature in the 18th century and the concept of ‘aesthetic originality’ in the late 18th century romanticism had little impact on the British legal system. This is different from European continent(France, Germany) which enacted modern copyright Act in the late 18th century or early 19th century.