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ARTICLE · 04 NOVEMBER 2013

Sweat Of The Brow: An Approach In Contrast To Minimum Creativity

S&A Law Offices
S&A Law Offices
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S&A Law Offices

S&A Law Offices

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As per copyright law, an idea is not copyrightable instead it is the expression of idea on which a copyright can be claimed.

IndiaIntellectual Property

As per copyright law, an idea is not copyrightable instead it is the expression of idea on which a copyright can be claimed. As per section 13 of the copyright Act, 1957, a copyright subsists in original, literary, dramatic, musical, artistic, cinematography and sound recording subject to the exceptions provided in Sub-sections (2) and (3) of Section 13.

For copyright protection, all literary works have to be original as per Section 13 of the Act. Broadly speaking, there would be two classes of literary works:

(a) Primary or prior works: These are the literary works not based on existing subject-matter and, therefore, would be called primary or prior works; and

(b) Secondary or derivative works: These are literary works based on existing subject-matter. Since such works are based on existing subject-matter, they are called derivative work or secondary work.

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