Fanciful similarity or substantial similarity: A perspective on requirement of originality in the light of copyright infringement of a cinematograph film under Indian copyright law

Abstract

Originality, expression and fixation are the three interrelated foundational aspects of copyright law globally as well as under Indian Copyright Law. However, the law in India does not define any of these requirements though of extreme importance under the Copyright Act of 1957. The scope and nature of originality and allied concepts gains complexity when comprehended in the context of a cinematographic film under the copyright law given the divergent decisions by Indian courts. Thereby, the authors aim to give a comprehensive understanding of scope of originality in relation to a cinematographic film with the help of analysis of copyright infringement cases in relation to cinematographic film. This paper starts with the brief discussion on what constitutes a cinematographic film. To be effective, the paper highlights the issues and then moves on to the Indian Copyright Law to interpret various provisions with the help of case laws. In this regards, the reference shall be made to statutory provisions, judicial case laws and academic literature. Essentially the scope of the paper is limited to the Indian Copyright Act of 1957 and Indian case laws.