1. Rhea Roy Mammen VI Sem SLS,CUSAT

2.  Through this paper, It is intended to analysis the Judgment of  Eastern Book Co. v. D.B. Modak ; (2008) 1 SCC 1  And to take a close look at if the test of Originality has been satisfied by the SC in the present case

3.  “Originality is the one thing unoriginal minds do not find the use of.” - John Stuart Mill  Copy right to the ORIGINAL works  the main object of providing Copyright is for encouraging innovation and to protect the inventor’s right.  Copyright protects only the expression of idea and not the Idea itself

4.  SC through various decisions have brought out the test to identify Originality.  Considering the Decisions of SC and foreign Judgment.  Macmillan Company v. J.K. Cooper(UK Case) Where the Court held that the work must be expression of Original Or invented thoughts, but Should not be copied from other work.  In University London Case -

5.  Considering Kartar Singh v. Ladha Singh, where the court held that Copyright does not prevent a person from taking what is useful from an original work with addition and improvements. Which was observed in C. Cunniah &Co. v. Balraj &Co.  Indian Court recognized copyright for compilation work in case for the maps, magazines etc.

6.  Indian Courts relied on the English Jurisprudence of Copyright as our legal system as our legal system developed under the aegis of British rule.  The Test which has to be considered is : 1. “Sweat of the Brow” 2. “Modicum of Creativity”

7.  The question in the present case, was whether the standard of Originality in the copy-edited judgments of the Supreme Court which is a derivative work, is eligible to be protected under the Copyright Act.  This takes our Attention to the Decision of Justice Thottathil B. Radhakrishnan in Infoseek Solutions v. KLT; 2006(4) KLT 311

8. Where the court rightly pointed out in Para 33 of the Judgment that: “the report of a judgment by a law reporter is a composite document and is not to be sliced into head notes on the one hand and the main text of the judgment on the other hand….A report is a whole document and the copyright will have to rest on the report as a whole.”

9.  Under Article 2(3) of Berne Convention a derivative Convention means:  “Translation, adaption, arrangement of music and other alternations of a literary work or artistic Work without Prejudice to the Copy right in the original Work”  This has been Recognized under the Indian Copyright Act under S.14.

10.  The test for the protection of a derivative work is that while copying the pre- existing work, whether substantial contribution has been made by the author.  SC moved from the test earlier adopted “Sweat of the Brow” to a higher level of wanting a creative spark “Modicum of Creativity”  The flaw which has to be pointed out in the judgment in EBC Case is the partial Copyright given to the Author.

11.  The Copyright has to be given to the whole compilation and not partially.  Under S. 52(q)(iv), where it has been given that reproduction or publication of any judgments, decree or order of the court.  Such a provision was incorporated to avoid the confusion as to the Law journals.  The raw judgment is not claimed copyright, what has been claimed is the compilation, along with head notes, footnotes etc

12.  Judgments are pronounced in the open court and its open to the public.  A private personal is not given the copyright over the judgment is to protect the public dominion.  To ensure the accessibility to the Judgment  But in the present situation the Copyright sought is not for the Raw Judgment pronounced in the open court but for the complilation

13.  The compilation has the judgment, but the work done involves substantial amount of Skill and labour to call it the original work of the Reporter.  If Such reports are not given the protection, the purpose of granting copyright would be defeated.  The reporters would be reluctant to come forward with their compilation and this would in turn deprive the public from being updated with the latest Decisions of SC.

14.  In the interest of Justice and Society, it is essential to give the Copyright to publishers such as EBC, KLT, Etc.  The very purpose of Copyright is to Encourage the innovation and promote individuals to come forward with their inventions.