The creative nature of the work as a criterion of its protection

The article addresses the problem of applying the criterion of creativity to the assessment of the work’s protectability. The author analyzes various approaches of modern copyright experts to the application of the creativity criterion to works of various types (including doctrinal approaches used in common law countries) and concludes that foreign experience requires serious consideration. It is necessary to make a transition from approaches using a single criterion of the creative nature of a work to a differentiated approach, which depends on the specifics of individual types of works.