nearoriginality

Nearoriginality is a term used to describe a degree of originality in a work that is not completely original but remains distinct from its source material because of creative transformation or the combination of existing elements with new expression. It sits between wholly original work and direct copying, capturing situations where authors, artists, or creators reuse ideas or motifs but introduce recognizable changes in form, structure, or presentation.

Elements that contribute to nearoriginality include transformation of the source material, the selection and arrangement of elements, and the author’s unique expressive choices or context. The assessment of nearoriginality is often qualitative and context-dependent, relying on judgments about novelty, value-added, and independent authorship.

In copyright discussions, nearoriginal works may be argued to have some or substantial originality, which can influence whether they are protectable and to what extent. However, if the new work reproduces the core elements of the source with minimal change or merely restates it in a different guise, questions of infringement or the classification as a derivative work frequently arise. Jurisdictional standards vary, and legal outcomes hinge on factors such as substantial similarity, transformative use, and the role of fair dealing or fair use.

Common examples include remix songs that add new musical or lyrical elements, fan fiction that reimagines characters and settings with original narration, or journalistic pieces that synthesize sources with original analysis and voice. Critics note that the term is informal and its precise meaning can differ across disciplines and legal regimes, reflecting broader debates about originality, transformation, and derivative creation.