Discussion
The "Lay Observer Test" has been evolved in which of the following case pertaining to the Copyright Act ?
Answer: B
The test was evolved in R.G. Anand Vs. Delux Films, AIR 1978 SC 1613.
In R.G. Anand v. Delux Films (1978), the playwright of 'Hum Hindustani' alleged that the film 'New Delhi' copied his play. The Supreme Court held that there is no copyright in an idea, only in its expression, and laid down the test: if a spectator or viewer, after seeing both works, gets an unmistakable impression that one is a copy of the other, infringement is made out. This is the lay observer test.
Eastern Book Company v. D.B. Modak (2008) adopted the 'modicum of creativity' standard for originality. The Apple and Mattel cases concerned software and a board game, not the lay observer test as evolved in India.
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