Recalibrating originality for music in copyright law

Jithin Saji Isaac and Asha Sundharam

International Journal of Law and Management, 2024, vol. 67, issue 3, 363-371

Abstract: PurposeThough originality is a requirement for copyright protection, the term is not defined, leaving room for differing interpretations. Over the years, there has been a shift in the yardstick for determining originality. The lack of definition gives room for ambiguity and creates hurdle for protection. The difficulty in assessment of originality is more felt in certain forms of work like music, which has its own theories and limitations. Absence of determining tests creates uncertainty for the authors to draw the line between inspiration and infringement. This paper aims to define originality as applicable to each subject matter.Design/methodology/approachThe methodology used is a qualitative analytical approach and draws from theories and relevant case laws.FindingsThe requirement of “originality” as laid down in the Copyright Act has to be defined with precision. The requirement of originality for different categories of subject matter encompassed within copyright law will differ and so the term should be redefined with respect to each subject matter.Originality/valueThis paper is an original work and canvasses for a definition of the term originality in the Copyright Act with reference to the various subject matter entitled to protection.

Keywords: Copyright; Intellectual property; Music; Originality (search for similar items in EconPapers)
Date: 2024
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Persistent link: https://EconPapers.repec.org/RePEc:eme:ijlmap:ijlma-03-2024-0073

DOI: 10.1108/IJLMA-03-2024-0073

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