The word original here means originality in expression; it doesn’t mean that work must be the expression of original for inventive thought. The copyright act does not protect the idea but it protects the way the idea is being expressed by the author. The expression of the idea by the author must originate from the author himself and it should not be copied from another.
The principle is that no one can profit from the labour of another person by merely copying his work without giving due credit and benefit to the curator of work. However, there is no infringement of copyright in the cases where the result of the work of one person may be similar to the result of another person working on the same topic where below mentioned two conditions could be proved:
In Shyam Lal Paharia versus Gaya Prasad Gupta, it was held that in each case it is a question of fact whether impugned work is merely a copy of earlier Publication or it is the result of the labours of another person who has also worked on its own. In the above-noted case, the principles were briefly summarised as follows:
Through various judicial pronouncements, it has been made clear that the word the term original under the copyright act doesn’t imply an original or novel form of Idea or inventive thought, meaning thereby the original work which is not copied from another work and it should originate from the author.
The word literary work has been defined under section 2(o) of the Copyright Act. Section 2(O) of the act provides that- literary work includes computer program tables and compilations including computer databases. Expression literary doesn’t require any particular type of quality style or literary merit in literary work. In simple terms, the word literary work means something which is in writing or has been set out in print and is a reading matter. Thus, maps chat plans, question papers, questionnaire, Brochure, catalog, pamphlet, activity book, Judicial pronouncement, directories, encyclopedia dictionary, tables, and compilation fall within the ambit of literary work