Originality Standard in Copyright Law

The Supreme Court held that an original copyright work must involve more than mere effort or copying. It must originate from the author and show the application of skill and judgment with at least a minimal degree of creativity, though it need not be novel or inventive.

The test laid down

In Eastern Book Company v. D.B. Modak, the Court adopted a middle path between the labour-based and strict creativity approaches. The work must result from an exercise of skill and judgment, and that exercise must not be so trivial that it is merely mechanical.

• Skill refers to the use of knowledge, developed aptitude or practised ability in producing the work.
• Judgment involves discernment or comparison of possible choices while producing the work.
• The resulting work must possess distinguishable features and a minimal creative character.

Departure from the sweat of the brow doctrine

The Court rejected the sweat of the brow approach under which labour, time or expenditure alone could establish originality. Mere copy-editing or mechanical changes do not qualify unless they reflect the required intellectual contribution.

• Copyright originality does not require novelty or inventiveness comparable to patent law.
• Originality requires that the work originate from the author and not be copied, together with the minimum exercise of skill and judgment.

Effect on derivative and edited works

For a work based on pre-existing material, copyright protects only the author's original contribution, not the underlying source. Editorial additions may therefore receive protection when their selection, arrangement or presentation satisfies the minimum creativity threshold.