The Doctrine of Sweat of the Brow

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Chinmaya Kumar Mohapatra

Abstract

The research paper clarifies doctrine of 'Sweat of the Brow' which basically stipulates that the copyright law must protect a production in which much effort has been put into it. In a copyright dominion that recognizes brow sweat, a pure development would be protectable under copyright law.In the United States the theory was dismissed by one of the seminal decisions and innovation was considered to be of utmost importance. Though in India, there is no conclusiveness regarding the doctrine and the doctrine has been rejected sometimes and has been accepted the other times. The paper talks about the creation of databases as a copyrightable subject matter and is judged in the basis of originality as to its arrangement. The paper then concludes with talking about the need of clarity regarding the validity of the doctrine in India.

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