Abstract

The aim of this paper is to describe the meaning of computer software originality in copyright law. The general statements that are discussed in detail are: 1) creativity in programming means the possibility making creative choices; 2) according to the case law of the Court of Justice, the originality of computer programs indeed entails the possibility of making free and creative programming choices; 3) originality is still understood inconsistently in EU countries; 4) Polish law would not protect banal programs or programs completely dependent on technical requirements; 5) in the United Kingdom and the United States the requirements are so minimal that the majority of computer programs are sufficiently original there.