Trace Your Case

ISSUE:

What should be the standard of originality with respect to the derivative works (here, the copy-edited version of supreme court judgments) to make the work eligible to be called the author's original work and hence get protection under the Copyright Act of 1957?

RULE:

The originality which is required relates to the expression of the thought.

A derivative work to receive copyright protection, it must be demonstrated that the derivative work is more than just a copy of the original and must contain the author's independent skill apart from capital and labour, which is not negligible or trivial.

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