1 COPYRIGHT SUBSISTENCE
1.1 What are the requirements for copyright to subsist
in a work?
In India, copyright subsists in the following categories of
works:
- Original literary,
dramatic, musical and artistic works.
- Cinematograph films.
- Sound recordings.
The word "original" has not been defined in the
Copyright Act, 1957 ("the Act"), but has derived its
connotation through case laws. It is largely understood as a work
that "owes its origin to the author"; the work must
originate from the skill and labour of the author and must not be a
copy of any other work.
It is important to highlight that the word "original"
is prefixed to literary, dramatic, musical and artistic works and
not to cinematograph films and sound recordings, as the latter are
works made by using the former categories of works. For example, a
cinematograph film is made by making use of a script which is a
literary work. Though there is no express stipulation regarding
"originality"
