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51 IDEA 491 (2011)
Analyzing Originality in Copyright Law: Transcending Jurisdictional Disparity

handle is hein.journals/idea51 and id is 497 raw text is: 491 ANALYZING ORIGINALITY IN COPYRIGHT LAW: TRANSCENDING JURISDICTIONAL DISPARITY KRISHNA HARIANI & ANIRUDH HARIANI'* INTRODUCTION Recent discussions have brought forth an unfortunate disharmony in modem copyright law. There is an ever-increasing need to protect original ex- pression by copyright, however across national boundaries, the law regarding originality in copyright is as diverse as the countries themselves. Copyright protection is granted for the purpose of protecting a person's creative expression and in order to further encourage creative expression. Another school of thought claims that copyright protection is granted as a sort of reward for the effort put in by the person seeking a copyright.' A work's susceptibility to cop- yright is important to understand the policy objectives copyright protection achieves. Creative works are afforded copyright protection only if they are origi- nal. Original is usually understood as something that is new or not done be- fore; a primary type or form, from which others are derived.2 The only part of a work that is protected by copyright is that which is original to the author. Thus, The co-author holds a B.A. LL.B. degree from the National Law School of India University, Bangalore and is presently training to be a solicitor with Simmons & Simmons LLP, London. She can be contacted at krishnahariani@gmail.com. The co-author is a 2011 B.L.S. LL.B. student from-the Government Law College, Mumbai and will be attending the 2011-12 LL.M. Program at Cornell Law School. He can be con- tacted at anirudh.hariani@gmail.com. See infra Part IV. 2 Key Publ'ns, Inc. v. Chinatown Today Publ'g Enters., 945 F.2d 509, 512 (2d Cir. 1991) (Simply stated, original means not copied, and exhibiting a minimal amount of creativity.); WEBSTER'S ENCYCLOPEDIC UNABRIDGED DICTIONARY OF THE ENGLISH LANGUAGE 1015 (rev. ed. 1994). Volume 51 - Number 3

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