Legal Question in Intellectual Property in India
We are a publishing firm and want to publish previous placement papers of various companies for college students, including interview questions, written test questions.
Is there are legal objection in doing so?
Do we need permission from companies ?
3 Answers from Attorneys
As per section � 13 of the copyright act 1957 a copyright subsist in a original literary work and as per section -17 of the act author shall be the first owner of the work.
If a person can prove the originality of the work then the work can be copyrighted so regarding the first question that taking number of question and reprint with other question - the answer is that there can be no copyright existence in the work if it is mere reproduction of the work, copyright subsist in the first owner of the work and no copyright can be claimed by person reprinting it and now regarding second question regarding modification of question the answer is that if the creator can explain originality and uniqueness of the work and prove that question framed by him are original then the creator can ask for copyright.
There may be questions pre existed before but copyright does not subsist in idea it is upon the author of the work to prove that his work is original and unique and the creation has not existed before so the onus in upon the author himself that he has to prove that his work is original.
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