Tabberone is pronounced tab ber won not tay ber own

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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): The court finds the Second Circuit to support its finding that an alleged infringing "derivative work" must contain sufficient creativity and originality to deem it a copyright infringement. Woods v. Bourne Co., 60 F.3d 978, 993 (2nd Cir.1995). According to the Second Circuit, in order for a work to constitute a "derivative work," it must itself be "independently copyrightable." Id. at 581 990. To be copyrightable, "a derivative work must demonstrate the author's originality. Originality is more than merely desirable; it is both a statutory and constitutional requirement." American Dental Assoc. v. Delta Dental Plans Assoc., No. 92 C 5909, 1996 WL 224494, at *7 (N.D.Ill. May 1, 1996). The Supreme Court has consistently held that originality is the "sine qua non of Copyright." Feist, 499 U.S. at 345, 111 S.Ct. at 1287. "While the standard for originality is low, it does exist." Id. at 362, 111 S.Ct. at 1296. Originality requires only that the author make the selection or arrangement independently ... and that it display some minimum level of creativity. Presumably, the vast majority of compilations will pass this test, but not all will. There remains a narrow category of works in which the creative spark is utterly lacking or so trivial as to be virtually nonexistent.