On the copyright hermeneutics of the original

The original is not only an aesthetic term but also part of copyright terminology. As such, the original is subject to legal interpretation – and the object of conceptual controversy. These disputes interact with definitions and functions of the original in art. With the inception of modern copyright, the artistic idea of originality has always been influenced by the law.<p></p> The term of the original connects the work of art with its origin, i.e. with its author. Historically, this concept emerged in the 17th century; the author’s rights of the French Revolution legally imposed the idea of the genius. Ever since, an original is a work expressing the individual creative personality of the artist (with some differences mainly between the Continental and the Anglo-American legal cultures).<p></p> Throughout the 18th and 19th centuries, artists have engaged for the recognition of their artistic copyright, on the one hand in order to secure use rights such as reproduction rights, on the other hand to protect themselves against plagiarists. The discussion on copyright protection for photographs around 1900, which was also conducted before the judicial courts, contributed substantially to refine the terminological distinction between original and reproduction.<p></p&gt