Idea-expression dichotomy and originality requirements for copyright protection: An analysis of the jurisprudential underpinnings of the judicial pronouncements in India

Abstract

This chapter intends to examine the significance of idea/expression dichotomy and the requirement of originality in the copyright law both in the traditional and modern context; that is, in the context of the emergence of new technologies. It also aims at examining the Indian case law in these areas and the problems created by the judicial pronouncements in this area. The basic requirements of protection differ considerably for different forms of IP depending upon the nature, scope and extent of protection extended by each forms of IP. Such basic requirements are with a view to retain a robust public domain facilitating further creativity. In the copyright context the major requirements are that of originality in expression of the copyright content and the mandatory exclusion of idea, facts, themes and plots from copyright coverage. The originality requirement, which is very minimal in nature, is with a view to exclude further propertisation of already available information/creations. Ideas, facts, themes, plots etc., on the other hand aim at exclusion of building blocks from protection. The Indian jurisprudence which could be deduced from the judicial pronouncements in India in this respect is in need of urgent scrutiny. The strength and weaknesses of Indian decisions and the implications of it on the dissemination of information which is an equally important concern of copyright protection is the major objective of this chapter.