ABSTRACT:

Copyright law safeguards the expression of ideas once fixed in a tangible medium, extending protection to literary, artistic, dramatic, and cinematographic works. The law does not demand absolute originality; rather, a minimal standard—known as the ‘modicum of creativity’—is sufficient to qualify for copyright protection. This doctrine emphasizes that even a slight degree of personal intellectual input by an author distinguishes protected works from mere ideas or facts. The Indian courts, particularly in the landmark cas of Eastern Book Co. v. D.B. Modak, (2008), the Court had affirmed the works exhibiting minimal creativity merit protection. This article examines the doctrine through a practical experiment: in one instance, a video incorporating unaltered original audio attracted a copyright claim; in another, creative modification of audio resulted in the recognition of a new copyrightable work. By situating this experiment within statutory provisions of the Copyright Act, 1957, and judicial precedents, the article seeks to demonstrate the practical implications of the doctrine for creators. Ultimately, it provides insights for navigating originality in the digital age while balancing legal protection and creative freedom.

Keywords: Copyright, Modicum of Creativity, Creative Work, Copyright Protection, Fair Use Policy.

Introduction:

Copyright law safeguards the expression of ideas once fixed in a tangible medium, extending protection to literary, artistic, dramatic, and cinematographic works.The fundamental standard by which copyright regimes around the globe assess whether a given work is eligible for copyright protection is original. According to the Indian Copyright Act, Section 13(1)^[1] states that, “original literary, dramatic, musical, and artistic works” are protected by copyright. Nevertheless, the Act does not include a definition or a standard to assess a work’s originality.^[2]This gives the judiciary authority to determine the volume of originality that is crucial for a work to be protected by copyright.The “sweat of the brow” theory of “originality” has given way to the “modicum of creativity” criterion.^[3]In Eastern Book Company v. D.B. Modak^[4], Indian Supreme Court declined “sweat of brow” theory and embraced a different strategy that is the modicum of creativity approach The only requirements for originality are that the author independently chooses or arranges the components and that the author’s work exhibits some degree of creative thinking.^[5]

^[1]The Copyright Act, No. 14 of 1957, § 13 (India)

^[2] Shuchi Mehta, Analysis of doctrines: Sweat of the brow and Modicum of creativity vis-a-vis Originality in Copyright Law, IndiaLaw Blog (Jan. 26, 2026, 9:30 AM), https://tinyurl.com/2jydaxrh

^[3] Aishwarya Aneja et al., Sweat of Brow to Modicum of Creativity – Originality Concept in Indian Scenario, 32 COMMC’NS ON APPLIED NONLINEAR ANALYSIS 1801 (2025).

^[4] Eastern Book Co. v. D.B. Modak, (2008) 1 SCC 1.

^[5]Hailshree Saksena, Doctrine of sweat of the brow, SSRN (Jan. 27, 2026, 9.47 AM), https://tinyurl.com/2r5jn8yp