Page:United States Court of Appeals 06-4222.djvu/25

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Originality is the sine qua non of copyright. If the basic design reflected in a work of art does not owe its origin to the putative copyright holder, then that person must add something original to that design, and then only the original addition may be copyrighted. In this case, Meshwerks copied Toyota’s designs in creating digital, wire-frame models of Toyota’s vehicles. But the models reflect, that is, "express," no more than the depiction of the vehicles as vehicles. The designs of the vehicles, however, owe their origins to Toyota, not to Meshwerks, and so we are unable to reward Meshwerks’ digital wire-frame models, no doubt the product of significant labor, skill, and judgment, with copyright protection. The judgment of the district court is affirmed, and defendants' request for attorneys' fees is denied.

So ordered.

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    deterrence." Fogerty v. Fantasy, Inc., 510 U.S. 517, 534 n.19 (1994). Far from being frivolous, this suit presents a novel and consequential question focused on the copyrightability of images in a relatively new technological medium. Neither are we presented with evidence suggesting that Meshwerks’ motivation in filing this suit was anything other than sincere.

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