From Labour to Creativity: A Comparative Analysis of Originality Thresholds in Copyright Law

  • M. Lourdith Ashinika Perera
  • Show Author Details
  • M. Lourdith Ashinika Perera

    LLB (Hons.) (Colombo), Attorney-at-Law, CIMA Dip MA

  • img Download Full Paper


Originality stands as a crucial requirement that must be met for a work to qualify for copyright protection. In its essence, originality serves as a key threshold that determines the balance between the author’s rights and the public interest. In many legal systems, the legislature often does not address the required level of originality for a work, making judicial interpretation valuable in determining its bounds. The varying rigorousness of the different originality tests may affect the balance of the relationship between the author’s interests and the wider social goals. Hence, it is the researcher's objective to explore distinct thresholds of originality found in the legal frameworks of the UK, the USA, Canada, and India; to identify their key features and drawbacks. Accordingly, the research aims to discover the ideal threshold of originality for Sri Lanka, that can ensure a harmonious balance between authors' rights and the public interest. The researcher employs, the qualitative research methodology, relying on primary sources such as international standards, domestic laws, and case law, while secondary sources, including books, and journal articles, are utilised to provide supplementary insights.


Research Paper


International Journal of Law Management and Humanities, Volume 7, Issue 2, Page 2226 - 2249


Creative Commons

This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (, which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.


Copyright © IJLMH 2021