of public domain photographs could not be copyrighted since they lacked originality and while such reproductions may have involved skill and labour, no protection could be granted to them, on account of lack of originality.

While the current legal requirements of originality viz. minimum level of creativity and independent labour can be easily assessed and applied in case of literary works, the courts are required to undertake a deeper legal and factual inquiry in photographic works. The United States District Court for Southern District of New York