The key to resolving the tension between these two propositions lies in understanding why facts are not copyrightable. The essential test for copyright is originality. To qualify for copyright protection, a work must be original to the author. Harper & Row, 471 US. at 547549. "Original "as the term is used in copyright, means only that the work was independently created by the author (as opposed to copied from other works), and that it possesses at least some minimal degree of creativity. 1 Melville Nimmer, Copyright Law, 2.01 (2mi ed. 1990). To be sure, the requisite level of creativity is extremely low; even a slight amount will suffice. The vast majority of works make the grade quite easily, as they possess some creative spark, \"no matter how crude, humble, or obvious" it might be. Id