Frames of Originality: Exploring Authorship and Originality in Cinematographic Films in Copyright Law across India, the US, and Germany

Abstract

Originality and authorship in cinematographic works constitute foundational principles of copyright law and offer a compelling framework for analysing the intersection of legal doctrine, cultural production, and creative collaboration in filmmaking. This paper examines the legal frameworks governing originality and authorship in cinematographic films across India, the United States, and Germany, three jurisdictions with distinct yet influential approaches to copyright law. By undertaking a detailed analysis of statutory provisions, landmark judicial decisions, and evolving judicial interpretations, the research critically examines areas of convergence and divergence in the conceptualisation of originality, the determination and allocation of authorship rights, and the scope of protection accorded to creative expression in cinematographic works.

In India, originality remains tethered to minimal creativity under the Copyright Act, 1957, while the U.S. employs a more nuanced test of creativity under the Copyright Act, 1976, shaped by the seminal Feist Publication, Inc. v. Rural Telephone Service Co., 499 U.S. 340 (1991) (hereinafter, Feist case) decision. In Germany, rooted in the moral rights tradition of continental Europe, originality is intertwined with the personal imprint of the author, creating a robust regime for protecting the auteur's vision under the Urheberrechtsgesetz.

This comparative analysis underscores the need for dynamic copyright law in a globalized world. The paper argues for a balanced interpretation of originality and authorship that accounts for the unique creative processes in filmmaking while ensuring the equitable protection of rights across jurisdictions. This discussion serves as a cornerstone for policymakers, scholars, and industry stakeholders navigating the intersection of law, creativity, and cinema.