Originality in Copyright and the Judicial Jurisprudence in Ethiopia
| dc.contributor.advisor | Haile, Biruk (PhD) | |
| dc.contributor.author | Dagne, T/Haymanot | |
| dc.date.accessioned | 2018-10-13T09:30:49Z | |
| dc.date.accessioned | 2023-11-08T11:42:10Z | |
| dc.date.available | 2018-10-13T09:30:49Z | |
| dc.date.available | 2023-11-08T11:42:10Z | |
| dc.date.issued | 2018-06 | |
| dc.description.abstract | Intellectual property law is part of the law that protects intellectual creations of the human mind. As such, creations assume the central part in the study of the law. Copyright, being one of the property rights in creations requires that any work to be protected should be original. The originality obligation is nothing but the mechanism through which the law ascertains the existence or otherwise of creation. Albeit there seems to be no commonly applicable standard of it, the requirement of originality in a work for protection is almost universally recognized. Defining originality assumes greater importance in copyright law mainly because it determines which works get protection and which wouldn’t. By the same parlance, the threshold of originality directly impacts the nature and types of works that get copyright protection. To this end, different jurisdictions describe the requirement based on their unique understanding of the concept and due regard to the purpose of copyright. By virtue of the Ethiopian copyright and neighboring right protection proclamation, only original works in the fields of literature, art and culture are protected without defining what constitutes originality. Assessment of originality by federal courts shows that they took originality to mean novelty and rule that only new works or those, which differ by their nature from previous works, are protected by copyright. Besides, the similarity test is widely practiced as a mechanism of ascertaining originality between works. Finally, courts seem to be oblivious to the existence or otherwise of creativity in a work in the calculation of originality. Such understanding of originality has detached itself from both established jurisprudence and nature of copyright. | en_US |
| dc.identifier.uri | http://etd.aau.edu.et/handle/123456789/12653 | |
| dc.language.iso | en | en_US |
| dc.publisher | Addis Ababa University | en_US |
| dc.subject | Originality in Copyright | en_US |
| dc.title | Originality in Copyright and the Judicial Jurisprudence in Ethiopia | en_US |
| dc.type | Thesis | en_US |