Originality requirement and copyright regime of music: a comparative overview of Indian perspective

Abstract

The quest of originality and not of imitation has always been the most important element in musical composition. In law, originality has become an important legal doctrine where creativity and innovation have been protected as copyrightable works. Some countries grant copyright protection based on how much labour and diligence it took to create a work, rather than how original a work is. This is referred to as the ‘sweat of the brow’ doctrine. This doctrine has been recognized at various time in many countries such as USA, UK, Canada, Australia, and elsewhere. In India, the copyright statute has been in existence since long and moreover India is a member of various international intellectual property treaties and conventions, but the situation continues to be pathetic. The lack of protection allows high-profile music directors and domestic musicians in India to get away with copyright infringement. In what sense does a literary work need to be ‘original’ protected by copyright in India? Is the law of originality in a satisfactory state? How, if at all, might it be improved? This paper will examine the Indian position on the concept of ‘originality’ in the law of copyright, determine whether this law is satisfactory and make suggestions for improvement if necessary.

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