backing the argument, stating that works by animals cannot be copyrighted, because they were not a work of authorship by a human. Nonetheless, the animal rights group PETA sued Slater on behalf of the monkey under the next friend principle. Uses of the concept of originality by country Australia Despite consisting only of two fields and a circle at the centre, the Federal Court of Australia had upheld copyright claims over the Australian Aboriginal Flag by its designer, Harold Thomas. On 24 January 2022, the Commonwealth government announced, after more than three years of confidential negotiations, Thomas had transferred the copyright to the flag to the Commonwealth. The federal government paid AUS$20.05 million to Thomas and licence holders (including WAM Clothing and Carroll and Richardson Flagworld) to extinguish existing licences and secure copyright. As part of the copyright transfer, Thomas retained moral rights over the flag (which include the right to be identified as its creator). Following the copyright transfer, Carroll and Richardson Flagworld continued to be the exclusive manufacturer, although individuals may make copies for personal use. Canada Under Canadian copyright law, an eligible work must be original to its author, not copied from another work, and requires more than trivial or mechanical intellectual effort. In the case of CCH Canadian Ltd. v. Law Society of Upper Canada, the Supreme Court of Canada examined the different approaches taken to the definition of originality. The Supreme Court ultimately concluded that the proper approach in Canadian law fell between the approach of labour and diligence, and that of creativity. Chief Justice McLachlin stated that the "exercise of skill and judgment" was necessary in order for an expression to attract copyright protection. Chief Justice McLachlin went on to state that the exercise of skill and judgement would require "intellectual effort" and "must not be so trivial that it could be characterized as a purely mechanical exercise." It has been suggested that this approach taken by the Supreme Court of Canada is functionally the same as the approach taken by the Supreme Court of the United States in Feist Publications v. Rural Telephone Service, and by some civil law courts as those courts require that a work demonstrate a "modicum of creativity" in decision making rather than a mechanical exercise in order to be original. European Union The test for the threshold of originality is in the European Union whether the work is