Commons:Threshold of originality/Oceania

This page gives overviews of Threshold of originality rules in different countries or territories of Oceania. It is "transcluded" from individual page sections giving the rules for each territory.

Countries of Oceania

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Australia

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Fiji

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Kiribati

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Nauru

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New Zealand

As stated in the New Zealand government's NZGOAL copyright guide (January 2015),

  • As the Court of Appeal has stated, the “threshold test for originality is not high”, the determining factor being “whether sufficient time, skill, labour, or judgment has been expended in producing the work”. The Court has also reiterated the axiom, or principle, that copyright is not concerned with the originality of ideas but with the form of their expression. A work is not original, however, if (a) it is, or to the extent that it is, a copy of another work; or (b) it infringes the copyright in, or to the extent that it infringes the copyright in, another work.[1]
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Palau

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Samoa

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Tonga

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Tuvalu

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Vanuatu

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Other areas

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Cook Islands

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Guam

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Hawaii

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New Caledonia

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Niue

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Tokelau

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Partly

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COM:TOO Indonesia

Indonesia

Indonesian law frames protectable works as creations that are "unique and personal" and that "result from inspiration, ability, thought, imagination, dexterity, skill or expertise" expressed in a tangible form.[Undang-Undang No. 28/2014]

The statute expressly enumerates categories of protected works, including photographic works, portraits and architectural works (including building design and technical drawings), and applied art; by contrast the law excludes unfixed ideas, procedures, systems, methods and objects whose form serves only a functional purpose.

In practice Indonesia's threshold of originality has frequently been described as comparatively low; administrative recordation practice and scholarly commentary note that registrations and recordations have included items such as wallpaper, wrappers, packaging designs and technical drawings, producing an overlap between copyright and design practice that editors should treat cautiously when deciding whether an image is a copyrightable artistic work or a utilitarian/functional object.[2]

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Some citation text may not have been transcluded
  1. NZGOAL copyright guide. New Zealand Government (January 2015). Retrieved on 2019-03-16.
  2. Antons, Christoph (2008) Brian Fitzgerald; Fuping Gao; Damien O'Brien; Sampsung Xiaoxiang Shi, ed. Copyright law reform and the information society in Indonesia, Sydney University Press, pp. 235–255 Retrieved on 12 August 2025.
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