must be original relative to the underlying work on which it is based. Otherwise, it cannot enjoy copyright protection and copying it will not infringe any copyright of the derivative work itself (although copying it may infringe the copyright, if any, of the underlying work on which the derivative work was based).

The Batlin case rested on the copyrightability of an "Uncle Sam" toy bank, first copyrighted in 1886. These toys have Uncle Sam's extended arm and outstretched hand adapted to receive a coin; when the user presses a lever,