Test to determine existence of Copyright

Some general principles or test for copyright 

1. Whatever is worth copying is prima facie worth protecting- this means any piece of work if threatened to be copied by copiers must be worth copying. In other words the work should be of such a nature there is always a risk of being copied for example unique sculpture, or any work that is first of its kind.
2. The originality of the work in question and consideration of work as a whole- The copyright protection to be extended to a work is to be determined on the basis od test that is the originality of thhe work in question and consideration of the work as a whole. It is improper to divide the work into parts and show that each part is by itself not entitled to copyright and the  to extend the justification to deny the whole work.
3. Law of copyright does not extend to live events- the law of copyright cannot be extended to events that have actually taken place or live events like news events, sports events etc.
4. Lay observers test- One of the surest test to determine whether or not there has been violation of copyright is to see if the reader, spectator or viewer after having seen or read the works is of the opinion that the subsequent work is the copy of the first work.
5. Copyright subsist on its own.- Copyright is a right recognised to subsist on its own. Registration is not compulsory for bringing any action against infringement of copyright. Though all sort of actions cannot be brought if work is not registered.
6. No copyright for idea, subject matter, themes, historical facts- There exist no copyright upon ideas, subject matter, historical or legendary facts. Violation of copyright extends only to its form, manner,nature, methods and expression of idea by author of the work. 

Originality of thoughts

In the law of copyright, it is not necessary for the thoughts or ideas to be original.

The manner of expression the thought or idea must be original that is must not be copied from another work.

Thus originality is necessary in the work that is tangible or can be seen or heard. Thoughts behind the work has nothing to do with originality.

Recognition of skill and labour

There must be evidence sufficient to prove the investment of skills and labour behind a work. As long as there is evidence of investment of sufficient amount of skill and labour in creation of a work, no particular level of appeal is necessary.

Originality in Literary work

Law of copyright has nothing to do with ideas . It is only concern with the way of expressing the ideas and what is actually expressed. 

In the case of MacMillan and Co. Ltd. Vs K&J Cooper AIR 1924 PC 75, it was said that the question is not whether the material used in a work is entirely new and had never been used before for such purpose, but the question is whether the manner of making such work is new or not or whether the combination and arrangements of materials to make the work is new or not. If combination of material is different , author is entitled to copyright.