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The key to resolving the tension between these two propositions lies in understanding facts are not copyrightable. The essential test for copyright is originality. To

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The key to resolving the tension between these two propositions lies in understanding facts are not copyrightable. The essential test for copyright is originality. To qualify for right protection, a work must be original to the author. Harper & Row, 471 U.S. at 547-549. ginal." as the term is used in copyright, means only that the work was independently created

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