So, mathematical equations are not protected by copyright, because they were created for public use. It would be unfair towards everyone and it will create a monopoly! Moreover, it will restrict the free-flow of information and can be used by only the owner. Every person should have an opportunity to use mathematical equations for personal or business purposes. The law gives the creators of literary, dramatic, musical, artistic works, sound recordings, broadcasts, films and typographical arrangement of published editions, rights to control the ways in which their material may be used. The key point is that you can be inspired by the form of expression, but not an idea of the expression. Unfortunately, it is often becoming difficult to see the difference between the idea and expression. When the expressions are inseparable from the ideas, those expressions are not protected.
Thus, if you would like to create a math book, you can use mathematical equations that are all available for you. However, be careful with personal diagrams and illustrations because they are protected under copyright law. By adding an original idea, it can be protected under copyright law.
In Eastern Book Company & Ors v. D.B. Modak & Anr, the court set up the two condition:
- Sweat of Brow; and
- Modicum of Creativity.
Meeting these criteria, the work will be considered to be ‘original‘ and will be protectable under the copyright.
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