Page:Daniel Schrock v. Learning Curve International, Inc. 7th Cir. 08-1296.djvu/10

 U.S. at 345; see. Originality in this context “means only that the work was independently created by the author. . . and that it possesses at least some minimal degree of creativity.” Feist Publ’ns, Inc., 499 U.S. at 345. The Supreme Court emphasized in Feist that “the requisite level of creativity is extremely low; even a slight amount will suffice.”  Id. The Court also explained that “[o]riginality does not signify novelty;  a work may be original even though it closely resembles other works.” Id. What is required is “independent creation plus a modicum of creativity.” Id. at 346.

Federal courts have historically applied a  generous standard of originality in evaluating photographic works for copyright protection. See, e.g., Ets-Hokin, 225 F.3d at 1073-77; SHL Imaging, Inc. v. Artisan House, Inc., 117 F. Supp. 2d 301, 305 (S.D.N.Y. 2000). In some cases, the original expression may be found in the staging and creation of the scene depicted in the photograph. See, e.g., Mannion v. Coors Brewing Co., 377 F. Supp. 2d 444, 452 (S.D.N.Y. 2005). But in many cases, the photographer does not invent the scene or create the subject matter depicted in it. Rather, the original expression he contributes lies in the rendition of the subject matter—that is, the effect  created by the combination of his choices of perspective, angle, lighting, shading, focus, lens, and so on. See id.; Rogers v. Koons, 960 F.2d 301, 307 (2d Cir. 1992) (“Elements of originality in a photograph may include posing the subjects, lighting, angle, selection of film and camera, evoking the desired expression, and almost any other variant involved.”). Most photographs