EASTERN BOOK COMPANY V. D.B. MODAK (2007)
👉this case, the Supreme Court discontinued the ‘Sweat of the Brow’ doctrine of UK law and shifted to a ‘Modicum of Creativity’ doctrine of the US law.
👉The dispute is relating to copyrightability of judgements. Supreme Court Case reporter (SCC), was aggrieved by other parties violating their copyright by launching software containing the judgments edited and published by SCC along with other additions made by the editors of SCC.
The concept of “flavor of the minimum requirement of creativity” was introduced in this case. It was held that to establish copyright, the creativity standard applied is not that the work must be novel or non-obvious, but some amount of creativity is required in the work to claim a copyright.
The Court held that information and facts stated by the editors of SCC can be given copyright protection because such information so produced requires the appropriate skills of legal knowledge of the editor. Thus, this exercise and creation has a sign of a minimum amount of creativity and enjoys copyright protection.
Accordingly, the Court granted copyright protection to the additions and contributions made by the SCC. The Court also held that the orders and judgments of the Courts are in the public interest and everybody has a right to use and publish them so no copyright can be claimed on the same.
