Concept of Originality and Subject Matter in Copyright
π COPYRIGHT: Concept of Originality and Subject Matter
Copyright is a legal right that protects original creations of the mind, such as literary works, music, films, art, and computer software.
To be protected under copyright, a work must satisfy two key conditions:
β Originality
β Falling under a valid Subject Matter
Letβs understand both in detail:
πΉ 1. Concept of Originality
βWhat Does "Original" Mean?
Originality does not mean uniqueness or novelty like in patents. Instead, it means:
The work originates from the author, and
It involves some skill, labour, or judgment.
Even if the idea or concept isn't new, the expression of that idea must be independently created and not copied.
π§ Key Principles of Originality:
| Principle | Explanation |
|---|---|
| Independent Creation | The author must have created it on their own. |
| Minimal Creativity Required | Even a low degree of creativity may be enough. |
| Idea vs. Expression | Ideas are not protected β only the expression of ideas is. |
βοΈ Case Law on Originality:
πΉ Eastern Book Company v. D.B. Modak
Facts: A legal publisher (EBC) claimed copyright over headnotes and formatting in law reports.
Held:
The court held that mere labour or effort (sweat of the brow) is not enough.
There must be a minimum degree of creativity, even if modest.
Significance:
Introduced the "modicum of creativity" test in India β aligning originality with a creative spark.
πΉ Macmillan Co. v. K. & J. Cooper
Facts: The dispute was over a schoolbook containing explanatory notes.
Held:
Notes involving skill and judgment, not just mechanical copying, are original.
Significance:
Reinforced that application of mind is essential to originality.
πΉ 2. Subject Matter of Copyright
βWhat Is "Subject Matter"?
Subject matter refers to the types of works that can be protected under copyright. Only certain kinds of "works" are eligible.
π Common Types of Copyrightable Subject Matter:
| Type of Work | Example |
|---|---|
| Literary Works | Novels, poems, essays, code/software |
| Dramatic Works | Plays, scripts |
| Musical Works | Songs (music without lyrics) |
| Artistic Works | Paintings, drawings, architecture |
| Cinematographic Films | Movies, documentaries |
| Sound Recordings | Audio tracks |
βοΈ Case Law on Subject Matter:
πΉ RG Anand v. Deluxe Films
Facts: The plaintiff claimed a film copied his play.
Held:
There is no copyright in ideas, themes, or plots. Only the expression of an idea is protected.
Significance:
Reinforced the idea-expression dichotomy. Two people can use the same idea, but the expression must not be copied.
πΉ Indian Express Newspapers v. Jagmohan
Facts: Related to protection of editorial content.
Held:
Newspapers and editorials qualify as literary works if they are original and involve skill.
β οΈ What Is Not Protected?
| Not Protected | Reason |
|---|---|
| Ideas or Facts | Only expression is protected |
| Procedures or Methods | Considered functional, not creative |
| Titles, Names, Short Phrases | Lack sufficient originality |
| Government Publications (in some contexts) | May be public domain |
π Summary Table
| Concept | Explanation | Case Example |
|---|---|---|
| Originality | Work must be original with some creativity | EBC v. Modak, Macmillan v. Cooper |
| Subject Matter | The type of work that can be protected | RG Anand v. Deluxe Films, Indian Express v. Jagmohan |
| Not Protected | Ideas, procedures, names, facts | N/A |
β Conclusion
Originality requires that the work be independently created with at least a minimal level of creativity.
Subject matter must fall into recognized categories like literary, musical, artistic, or cinematographic works.
Courts have reinforced that copyright protects expression, not ideas or facts.
Understanding these two pillars helps determine what is eligible for copyright protection, ensuring that only genuine intellectual effort gets legal backing.
RELATED Blog
0 comments