Supreme Court of India | (2008) 1 SCC 1
Background
Eastern Book Company (EBC), a legal publisher, claimed copyright over its edited versions of Supreme Court judgments. These versions included headnotes, paragraph numbering, formatting, and editorial inputs. The respondents used these judgments in their own publications, leading EBC to allege copyright infringement.
The core issue before the Court was whether such editorial work amounted to “original” literary work deserving copyright protection.
Issues for Determination
• What is the standard of originality required for copyright protection under Indian law
• Whether mere labour, skill, and investment are sufficient to claim copyright
• Whether editorial additions to judicial decisions are copyrightable
Key Holding of the Court
The Supreme Court rejected the traditional “sweat of the brow” doctrine, which granted protection merely on the basis of labour and effort. The Court held that originality requires the exercise of skill and judgment, and not mere mechanical or clerical work.
It ruled that while judgments of courts are in the public domain and not protected by copyright, original editorial contributions such as head notes may be protected if they involve sufficient intellectual input.
Statutory Provisions Involved
• Copyright Act, 1957
• Provisions relating to originality and literary works
Doctrinal Significance
This case redefined the test of originality in India, bringing it closer to international copyright standards. It struck a balance between protecting genuine intellectual effort and preserving public access to judicial decisions.
The judgment has wide implications for publishers, databases, and digital content providers.