The various approaches mentioned above which make an attempt to define the concept of originality show that there is no single, unified concept of originality. The threshold of originality has changed from “sweat of the brow” to “modicum of creativity” and also different jurisdictions have different criteria for originality. The traditional sweat of the brow principle rewarded the labour of the author and prevented another person from benefiting from the fruits of his/her labour. However, in doing so, the courts have gone beyond the limits of copyright law and have consequently, extended protection to works that are not original in their true sense. The sweat of the brow principle is an aberration of the requirement of originality and violates the fundamental axiom of copyright i.e., copyright cannot subsist in ideas or facts. Further, the application of the “sweat and the brow” doctrine bears no resemblance to the everyday understanding and use of ‘original’. There is a conflict concerning originality in copyright law: on the one hand there is using a word of which the common understanding is of ‘new creation from nothing’ but on the other hand, the law defines the word as meaning originating from the author and involving work, skill and judgment.
The “modicum of creativity” principle clarified the standard governing the copyright ability of factual compilations in stressing that only those compilations possessing a minimal degree of creativity in the selection, coordination or arrangements of factual data qualify for protection. The principles renders the sweat of the brow doctrine ineffective and what exists is now is modicum of creativity. The “skill and judgment” approach as enunciated in the CCH Canada case essentially seems to be more or less conveying the same principle by asking for a minimum level of creativity while according copyright protection.
On a tangential note, the doctrine of “merger”, which deals with scenarios where the expression is considered to be inextricably merged with the idea, has barred copyright protection to those works/particular ideas which can be expressed intelligibly only in one or a limited number of ways or in a very restrictive manner. This has not only helped preventing the authors from gaining monopoly over such kind of works have, it has also made such works easily accessible to users and readers. The merger doctrine also prevents facts from being the subject-matter of copyright protection.