ABSTRACT
Originality constitutes the foundation of copyright, although its interpretation varies by region. This research examines the definitions and assessments of originality in the US, UK, and India, highlighting the transition from effort-based protection to creativity-oriented criteria. The United States, via Feist, establishes a minimal yet distinct standard of inventiveness. The UK, influenced by Infopaq, emphasizes the author’s intellectual contribution, whereas India, following Eastern Book Co, integrates skill, discernment, and creativity. The study elucidates how history, policy, and culture influence copyright law by a comparative analysis of these techniques. It also contemplates growing challenges – AI-generated works, digital content, and databases – that are challenging the fundamental definition of ‘originality’.
Srivastav, Abhinav, Copyright’s Original Test: Three Countries, Three Stories (January 8, 2025).
Leave a Reply