DOCTRINE OF ORIGINALITY IN COPYRIGHT
Originality is the basic structure measure used by the world’s copyright tyrannies to assess the availability of copyright protection for a given work. To civil law countries, the term “originality” is considered to be an own creative development of an author. Copyright protects the public domain through the doctrine of originality, such that an individual cannot assert an expression. Section 13(1) of the Indian Copyright Act, 1957 states that copyright relies upon “original literary, dramatic, musical and artistic works.” Nevertheless, the act does not provide any description or test for the uniqueness of a work. Now, this has to be decided by the court how much originality a work requires to claim for copyright protection.
There are two tests to check the originality of the copyright:
1. “Non- copying requirement (completely objective test)
2. Threshold/Degree of originality (varies from court to court)”
There are some other doctrines practised in different jurisdictions:
• UK’s Sweat of the brow doctrine:
As per this doctrine, an author gain rights throughout the production of work through clear diligence. The doctrine of “sweat of the brow” relies entirely on the author’s skill and labour, making the requirement of “creativity” almost redundant in a work. The doctrine was adopted in the United Kingdom, in the case of Walter v. Lane, an oral speech was printed word to word in the newspaper article and the issue was whether such printing would give rise to copyright in the work. Court held that the work is protected by copyright.
In the case of University of London Press v. University Tutorial Press, the test of “originality” was explained by the “Chancery Division of England” which is also commonly known as “sweat of the brow”. The court held that to get the copyright it’s not necessary to have an original or novel form. But it shouldn’t be copied from anywhere.
USA’s Modicum of Creativity Doctrine:
The US has the world’s oldest and most modern Copyright rules. Since the late 17th century, the courts have attached value to both the writer’s artistic and subjective contribution. In the case of Feist Publications, Inc v. Rural Telephone Services Co.3, the United States Supreme Court negated this doctrine and held that to have the copyright, author or creator not only need to create original content but it should also possess a “modicum of creativity”. The doctrine stipulates that originality exists in the work in which sufficient intellectual creativity and judgement have been given to the creation of that work.
The doctrine of merger in India:
India has been strongly committed to the doctrine of “sweat of the brow” for considerably long time. However, in India, the standard of “originality” is better than that in England. In the case of Eastern Book Company v. D.B. Modak, the Hon’ble Supreme Court of India rejected the doctrine of “Sweat of the Brow” and shifted to the doctrine of “Modicum of Creativity” as followed in the US.