INTRODUCTION
Copyright protection in India is provided under the Indian federal law, copyright Act of 1957 and has been used since its inception numerous amendments were adopted to suit the requirement of technological advancement and changes occurred in the way creative are perceived by connected with potential Targeted purchasers. The Act protects a bundle of exclusive rights that are granted to the creators and owners of original works among many types, including: The Act has prescribed certain requirements which must be fulfilled by a work to qualify for copyright protection in India.
CATEGORIES OF WORKS ELIGIBLE FOR COPYRIGHT PROTECTION
Original literary, dramatic, musical and artistic works
Cinematograph films
Sound recordings
- Literary, Dramatic, and Musical Works:
- Literary Works: Any works, other than audio-visual works, expressed in words, numbers, or other verbal or numerical symbols or indicia, regardless of the nature of the material objects, such as books, periodicals, manuscripts, phonorecords , film , tape , disk , or cards , in which they are embodied. A work consisting of editorial revisions, annotations, elaborations, or other modifications which as a whole represent an original work of authorship is a "derivative work".
- Dramatic Works: This category includes any performance made for the stage – including scripts for plays, choreographed dances and pantomimes. A dramatic work can be both the written script and/or a live performance of that script. The main idea is that it must be a performance that tells a story or sends a message in some sort of structured way.
- Musical Works: The compositions of music, which include both the melody and harmony (but do not include any accompanying words), are protected. However, this protection does not embrace the performance of the music which is regarded as a separate right.
- Artistic Works:
The term "artistic work" is broadly defined in the Copyright Act. It encompasses paintings, drawings, sculptures (which include three-dimensional works of a fine or applied art), engravings, photographs (including photo-lithographs and other work of a similar nature which are photographs), architectural works of art (revocable designs for buildings and models for buildings), and works of artistic craftsmanship (but does not include any copy or part of an industrial design). Maps, charts, plans and architectural drawings or diagrams are considered as artistic works for the purpose of copyright protection. In addition, models used or intended to be used in the construction or demonstration of an invention or other object are also considered to be artistic works if they are original. Charts or diagrams used for the purpose of illustration in oral classroom presentations may also be regarded as artistic works. An artistic work must be original meaning it must originate from the author and not be copied from existing materials.
Architectural works in particular are granted special protection under the Act and any copying or adaptation of them without the consent of the copyright owner will usually amount to an infringement.
- Films and Sound Recordings:
- Cinematograph Films: This category includes any type of recording in picture form done whether in digital format or analog films. This includes films, documentaries, television shows, video commercials and other short films. This is not only copyright protection over stage pictures but also over pictures and music.
- Sound Recording: The sound recording is the physical fixation of acoustic material, be it instruments, sound effects, spoken words or any other auditory performance. Under copyright, all components of the work are protected along with the music and voices including all words that are spoken.
CONDITIONS FOR COPYRIGHT PROTECTION
- Originality: In order to fulfill the requirements of copyright protection as set out by the law in India, it is a requisite that a work be said to be original. The originality requirement means that the work must be the result of independent creation by the author and that it did not duplicate already existing creations. However, a degree of originality is not imposed because the novel content is not needed in the work; rather, it should only demonstrate the author's skill, effort, or judgment in creating it. This is especially true in the case of literary works and artistic creations.
- Fixation in Tangible Form: The work has to be put in a medium in order to attract copyright protection. For instance, a notion of a story for a book or an image for a painting means that the idea cannot be locked without first being typed and recorded. Like in case of conversations or live performances that are not captured on any media would not be protected under Indian law for copyright.
- Human Authorship: The work must be original work of human author or it being an original work of human author has to be claimed. Products made purely by machines or done by animals without the involvement of human beings would not attract copyright protection. Nevertheless, masterpiece created with the assistance of Artificial Intelligence or tools operated by direction of human authorship is still protected by copyright laws.
THINGS THAT CANNOT BE COPYRIGHTED
However there are certain kinds of works that cannot be afforded copyright protection. These include:
- Ideas, Procedures, and Methods: Copyright does not protect idea, concept or procedure but only the tangible expression of such concepts, ideas or procedures. For instance, a business idea or a scientific method cannot be protected, however, writing or illustration of the method can.
- Official Government Publications: Some of these works are excluded from copyright protection and they include: laws and court judgments and other government publications, which are intended to be accessible to the public.
- Names, Titles, and Short Phrases: Copyright protection doesn't reach individual words, titles, slogans, or brief phrases, but such items may be afforded protection by trademark law.
CONCLUSION
In nutshell, a work has to fall under the categories given in the Copyright Act of 1957, while also meeting the basic requirements of originality and fixation, to qualify for copyright protection in India. Copyright guarantees that the creators of literary, artistic, musical, and cinematographic works, along with others, have unique rights to employ and profit from their creations, while simultaneously safeguarding from unauthorized reproduction and alterations. Still, notions, techniques, and government literature fall outside the boundaries of copyright protection. This equilibrium permits authors to receive benefits from their efforts while also maintaining free access for the public to fundamental information and concepts.
Footnotes
2. https://edu.gcfglobal.org/en/blogbasics/copyright-and-fair-use/1/
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
