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Originality for Copyright Protection in Literary Works: After EBC v DB Modak

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Title Statement Originality for Copyright Protection in Literary Works: After EBC v DB Modak
 
Added Entry - Uncontrolled Name Sharma, Sparsh
 
Uncontrolled Index Term Copyright; Original Literary Work; EBC v DB Modak; Copy-Edited Judgements; Copyright Act 1957
 
Summary, etc. 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.
 
Publication, Distribution, Etc. Journal of Intellectual Property Rights (JIPR)
2022-08-18 09:58:47
 
Electronic Location and Access application/pdf
http://op.niscair.res.in/index.php/JIPR/article/view/50594
 
Data Source Entry Journal of Intellectual Property Rights (JIPR); ##issue.vol## 27, ##issue.no## 4 (2022): Journal of Intellectual Property Rights
 
Language Note en