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ARTICLE · 30 DECEMBER 2019

The Concept Of Originality

Under the Indian Copyright Act, 1957, copyright protection is available to the expression of an idea but not the idea itself

IndiaIntellectual Property

Under the Indian Copyright Act, 1957, copyright protection is available to the expression of an idea but not the idea itself. Even though an idea is not protected per se, an idea disclosed in confidence is protected under law. A prerequisite for such protection is to prove originality of the idea.

The word "original" means something that is novel or has certain characteristics that differentiate it from all other ideas available in the public domain. Therefore, even if an idea is available in the public domain but it has "significant twists or slants to a well-known concept", it will be considered as original.

What is required is that the creator of the work has used his brain even though he/she is using an idea that is already in the public domain so for e.g., the setting in which the story is cast, the backdrop of the family, the characterization of characters, the trigger points leading to different dramatic situations and the handling of these situations with

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