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

Abstract

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.