After having assessed the meaning of ‘original’ as operative at present, I move on to consider the use of other definitions of originality, more in line with what the common conception of the term is. But these areas prove rather problematic, not least because of setting the required level for what is and what is not original and subsequent problems of evidence in trying to ascertain where exactly an author’s idea came from.
Thus, originality in a factual sense is probably too stricken with irresolvable problems to become a replacement for the current legal definition of what constitutes an original work. An alternative to redefining ‘original’ is for more appreciation of the public domain in the light of the nature of authorship and perhaps this is an area in which the law can be altered, which I consider very briefly.