The "creativity" requirement also has a very low threshold that must be met. To be entitled to copyright protection, there must be some minimal element of creativity in the work. This requirement has traditionally been used to exclude rote compilations—such as an uncategorized telephone book or a list of parts in a structure to be assembled—from enjoying copyright protection. In the context of nanotechnology, this requirement might form a basis for requiring some intent on the part of the creator to produce the nanotechnology structure. Structures that occur spontaneously at nanometer scales might be excluded from copyright protection as lacking creativity.

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