Nearoriginal

Nearoriginal is an informal term used to describe creative works that bear a close resemblance to an existing original work while not being a verbatim copy. The expression can apply across media, including visual art, literature, music, film, and software interfaces. A nearoriginal may preserve distinctive elements of the source—such as composition, subject matter, mood, or stylistic cues—while incorporating changes in details that prevent it from being a direct reproduction. The term is not a legal designation, but it is used in discussions of originality and infringement.

In practice, nearoriginal designations are contextual. Some observers use the term to discuss works that intentionally echo an original to comment on or transform it, while others apply it to cases of unintentional resemblance. The boundary between nearoriginal and derivative or infringing work varies by jurisdiction and specific facts.

In copyright discourse, nearoriginality raises questions about infringement, fair use or fair dealing, and the scope of derivative rights. Courts often examine factors such as substantial similarity, objective impression on a typical viewer, and the amount of original contribution.

Examples can include fan art that imitates a well-known character’s pose and color palette, cover art that mirrors the layout of an earlier album, or software skins that reproduce the overall user interface while changing icons and colors.

Limitations include the lack of a precise, universally accepted definition and the risk of conflating aesthetic resemblance with legal liability. See also derivative work, transformation, infringement, fair use.