Originality is the aspect of created or invented works that distinguish them from reproductions, clones, forgeries, or substantially derivative works.^{[citation needed]} The modern idea of originality is according to some scholars tied to Romanticism, by a notion that is often called romantic originality. The validity of "originality" as an operational concept has been questioned. For example, there is no clear boundary between "derivative" and "inspired by" or "in the tradition of."

The concept of originality is both culturally and historically contingent. For example, unattributed reiteration of a published text in one culture might be considered plagiarism but in another culture might be regarded as a convention of veneration. At the time of Shakespeare, it was more common to appreciate the similarity with an admired classical work, and Shakespeare himself avoided "unnecessary invention". It wasn't until the start of the 18th century that the concept of originality became an ideal in Western culture.

In law, originality has become an important legal concept with respect to intellectual property, where creativity and invention have manifest as protectable or copyrightable works.^{[clarification needed]} In the Berne Convention for the Protection of Literary and Artistic Works (1886) that has been adapted by 181 countries and city-states, "original work" gives a creator exclusive rights; protection for creative works are automatically in force upon their creation without being asserted or declared.

In the patent law of the United States, only original inventions can be subject to protection. In addition to being original, inventions submitted for a patent must also be useful and nonobvious.^{[citation needed]}

In United States copyright law copyrights protect only original works of authorship, a property which has been historically and legally linked to a concept of "creativity". A work must pass a threshold of originality in order to be copyrightable. In other countries protection of a work often is connected to similar conditions.

In United Kingdom intellectual property law, a derived work can demonstrate originality, and must do so if it is to respect copyright.^{[citation needed]}

In the copyright law of the United States, more specifically under 17 U.S.C 102, the work that is sought to be protected must satisfy the threshold for originality. Though most of the countries require certain degree of originality in the work sought to be protected, such requirement does not stem from either the Berne Convention or the TRIPS Agreement. Therefore, there is no uniformity in the standard for originality. In the United States, originality necessitates bare minimum degree of creativity and independent creation. The Supreme Court of the United States in the case of Feist Publications v. Rural Telephone Service Co. held that the work must be independently created and must possess minimum degree of creativity. This interpretation requires an extremely low level of creativity and in the words of the court, "must possess some creative spark no matter how crude, humble or obvious it might be." The court also took the opportunity to reject the previously judicially-established and followed the sweat of the brow doctrine. According to the said doctrine, labour and hard-work alone could suffice to establish originality. After the doctrine was rejected by the Supreme Court in 1991, in the Bridgeman Art Library v. Corel Corp case, the court held that the copies of public domain photographs could not be copyrighted since they lacked originality and while such reproductions may have involved skill and labour, no protection could be granted to them, on account of lack of originality.

While the current legal requirements of originality viz. minimum level of creativity and independent labour can be easily assessed and applied in case of literary works, the courts are required to undertake a deeper legal and factual inquiry in photographic works. The United States District Court for Southern District of New York in Mannion v. Coors Brewing Company considered originality in terms of timing, subject and rendition, and held that the nature and extent of the copyright would be independent in the three aspects. The requirement for originality was incorporated in the statute only in the Copyright Act, 1976 and over the course of time, the courts have evolved various metrics to apply the test. Unlike, Patents, novelty is not required for a work to be considered as original. The United States Court of Appeals for the Second Circuit in Sheldon (1936) had clarified that sometimes it is relevant for other purposes. Therefore, if the work created by you is identical to a pre-existing work but you are unaware of the latter's existence, you may still enjoy copyright protection for your work.