{"title":"Recalibrating originality for music in copyright law","authors":"Jithin Saji Isaac, Asha Sundharam","doi":"10.1108/ijlma-03-2024-0073","DOIUrl":null,"url":null,"abstract":"<h3>Purpose</h3>\n<p>Though 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.</p><!--/ Abstract__block -->\n<h3>Design/methodology/approach</h3>\n<p>The methodology used is a qualitative analytical approach and draws from theories and relevant case laws.</p><!--/ Abstract__block -->\n<h3>Findings</h3>\n<p>The 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.</p><!--/ Abstract__block -->\n<h3>Originality/value</h3>\n<p>This 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.</p><!--/ Abstract__block -->","PeriodicalId":46125,"journal":{"name":"International Journal of Law and Management","volume":"34 1","pages":""},"PeriodicalIF":1.3000,"publicationDate":"2024-06-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"International Journal of Law and Management","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1108/ijlma-03-2024-0073","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"LAW","Score":null,"Total":0}
引用次数: 0
Abstract
Purpose
Though 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/approach
The methodology used is a qualitative analytical approach and draws from theories and relevant case laws.
Findings
The 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/value
This 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.
期刊介绍:
The International Journal of Law and Management is a leading journal addressing all aspects of regulation and law as they impact on organisational development, operations and leadership. Organisations and their leaders operate in an increasingly complex world of emerging regulation across national and international boundaries. The International Journal of Law and Management seeks to acknowledge the dynamics of that environment and provide a platform for articles and contributions to stimulate scholarly debate in the development of law and practice. The International Journal of Law and Management seeks to present the latest research on policy, practice and theoretical perspectives and their impact on the development and leadership of organisations. Contributions of a multi-disciplinary nature are welcome. Coverage includes, but is not limited to: -Employment and industrial law- Corporate governance and social responsibility- Intellectual property- Corporate law and finance- Insolvency- Commercial law and consumer protection- Environmental law- Taxation- Competition law- Regulatory theory