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This information is taken directly from the court opinion. It is not taken out of context nor is it altered.

From Lee v. Deck the Walls, Inc., 925 F.Supp. 576 (N.D.Ill.1996): Annie Lee argues that, with regard to copyright infringement claims, the use by a court of an originality requirement is inappropriate. The Ninth Circuit agrees; though, this court does not. The Ninth Circuit held that the Copyright Act's "derivative work" definition is, in fact, two separate statutory definitions. Galoob Toys, Inc. v. Nintendo of America, Inc., 964 F.2d 965, 967-68 (9th Cir.1992). According to the Ninth Circuit, a party seeking to register a copyright in a derivative work must be read in conjunction with, and meet the requirements found in, § 102(a). Id. Thus, a copyright "seeker" in the Ninth Circuit must show originality and fixation in a tangible medium of expression; yet, a party bringing a copyright action for an alleged infringement of its exclusive rights to create derivative works need not. Id. Respectfully, the Ninth Circuit's determination of a dual definition (1) "risks that courts will naively apply this broad definition to find activities infringing that are more properly viewed as altogether beyond the scope of copyright," Edward G. Black & Michael H. Page, Add-On Infringements: When Computer Add-Ons and Peripherals Should (and Should Not) Be Considered Infringing Derivative Works Under Lewis Galoob Toys, Inc. v. Nintendo of America, Inc. and Other Recent Decisions, 15 Hastings Comm. & Ent. L.J. 615, 628-29 (1993), and (2) ignores the definition of a "derivative work" found in § 101, in which Congress specifically included an originality requirement.