Please use this identifier to cite or link to this item: http://nopr.niscpr.res.in/handle/123456789/60454
metadata.dc.identifier.doi: https://doi.org/10.56042/jipr.v27i4.50594
Title: Originality for Copyright Protection in Literary Works: After EBC v DB Modak
Authors: Sharma, Sparsh
Keywords: Copyright;Original Literary Work;EBC v DB Modak;Copy-Edited Judgements;Copyright Act 1957
Issue Date: Jul-2022
Publisher: NIScPR-CSIR, India
Abstract: Originality, can be termed as the grund norm (the basic norm) for copyrightability. However, no one-size-fits-all formula is adopted by countries on this aspect, and this article first explores the position and benchmarks to determine original literary work (because even for different ‘works’ the criteria differs). Pursuant to this inquiry of identifying the ambit of the respective thresholds, the Indian perspective is analysed with special emphasis on the decision delivered by Indian Supreme Court in DB Modak. The judgement is critiqued to identify lacunae and absurdity in determining the law laid down and its application in the factual matrix. Finally, subsequent Indian decisions are looked upon by the author to find out the underlying approach by the courts wrt interpretation of DB Modak and what common threads emerge from them.
Page(s): 266-276
ISSN: 0975-1076 (Online); 0971-7544 (Print)
Appears in Collections:JIPR Vol.27(4) [July 2022]

Files in This Item:
File Description SizeFormat 
JIPR 27(4) 266-276.pdf569.08 kBAdobe PDFView/Open


Items in NOPR are protected by copyright, with all rights reserved, unless otherwise indicated.