What is the minimal degree of creativity?

• A. It must be fixed in a tangible medium.
• B. The work must be independently created and include at least some meaningful creative expression, beyond a raw idea.
• C. It must be created by an employee.
• D. It must be novel and non-obvious.

Answer: (B)

The key idea is that copyright protection hinges on a minimal level of originality. A work must be independently created and show some meaningful creative expression beyond a raw idea. Merely having an idea, or simply fixing it in a tangible form, isn’t enough; there must be creative choices—how the idea is expressed, arranged, worded, or presented—that reflect the author’s contribution. That’s why the correct choice captures both independence and actual creative expression.

The other factors listed don’t describe the creativity threshold. Fixation is a separate requirement for copyright protection, not the measure of creativity. Who creates the work (such as an employee) can affect ownership (work-for-hire), but not the basic creativity standard. And novelty or non-obviousness is a patent concept, not a copyright standard.