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

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Field Value
 
Title Originality for Copyright Protection in Literary Works: After EBC v DB Modak
 
Creator Sharma, Sparsh
 
Subject Copyright
Original Literary Work
EBC v DB Modak
Copy-Edited Judgements
Copyright Act 1957
 
Description 266-276
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.
 
Date 2022-09-01T12:01:46Z
2022-09-01T12:01:46Z
2022-07
 
Type Article
 
Identifier 0975-1076 (Online); 0971-7544 (Print)
http://nopr.niscpr.res.in/handle/123456789/60454
https://doi.org/10.56042/jipr.v27i4.50594
 
Language en
 
Publisher NIScPR-CSIR, India
 
Source JIPR Vol.27(4) [July 2022]