The Concept of Originality Under Copyright Law: An Analysis of Judicial Interpretation and Juristic Opinions

The sine qua non for statutory copyright protection to a literary, dramatic, musical and artistic work under any legal system is that the work must be ‘original’. But no copyright law, whether national or international, has provided any sort of definition or meaning as to what the term ‘original’ in the context of the subject means. The matter, therefore, has been left open for the national courts to determine and legal fraternity to ponder upon. As such, different theories have developed across the globe in relation to the meaning of the term ‘original’ under copyright law. The interpretation of the term ‘original’ has significant legal consequences as it has a direct bearing on the question of as to what qualifies for the subject matter of copyright and what not and is, therefore, an important aid in deciding the cases of infringement of copyrighted works. This paper analyzes the various aspects of the concept of ‘originality’ at international and national levels including the approach of the Supreme Court of India vis-a-vis interpretation of the term ‘original’ as a sine qua non for grant of copyright protection.