The question (15 marks)
Discuss the nature and scope of copyright under the Copyright Act 1957. What standard of originality do Indian courts apply, and how is the idea-expression dichotomy used to decide infringement? (15 marks)
Standing MU question on syllabus head 4.2; originality and the idea-expression dichotomy.
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 4 · Law of Copyright of Intellectual Property Laws.
Authorities you will need
- Eastern Book Company v. D.B. Modak
- R.G. Anand v. M/s. Delux Films
- Feist Publications Inc. v. Rural Telephone Service Co. (United States Supreme Court)
- CCH Canadian Ltd v. Law Society of Upper Canada (Supreme Court of Canada)
- Copyright Act 1957, ss. 13, 14, 16 and 51
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.