Problem:
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 8: Row, 471 US. at 547-549. "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 (2nd 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.