An "original work of authorship" refers to any tangible expression of creativity or intellectual creation that is fixed in a permanent, physical or digital form by an individual with the intention of communicating it to others. This term is primarily used in copyright law to determine the eligibility of a work for protection under copyright laws.
To qualify as an original work of authorship, the creation must be the result of the author's own intellectual effort and possess a minimal degree of originality. It should exhibit a certain level of novelty or distinctiveness, meaning that it is not a mere duplicate or imitation of someone else's work. The work need not be completely unique or groundbreaking, but it should demonstrate the author's individuality and creative choices, rather than being a clichéd or common idea.
Various forms of original works of authorship can fall within this definition, including literary works such as novels, poems, and essays; artistic works such as paintings, sculptures, and photographs; musical compositions and recordings; choreographic works; architectural designs; computer software; and even software code.
It is important to note that while an original work of authorship automatically receives copyright protection upon creation, formal registration or publication is not required for copyright to exist. The copyright owner reserves the exclusive rights to reproduce, distribute, publicly display, perform, and create derivative works based on the original work.