About Copyright

COPYRIGHT

Copyright is a type of property right on a person’s creative skill and labor. Copyright protects the form or way an idea or information is expressed, not the idea or information itself. Copyright is not a tangible thing. It is made up of a bundle of exclusive economic rights to do certain acts with an original work or other copyright subject matter.

These rights include the right to copy, publish, communicate (for example, broadcast, make available online) and publicly perform the copyright material.

Copyright creators also have a number of non- economic rights. These are known as moral rights. These are the right of integrity of authorship, the right of attribution of authorship and the right against false attribution of authorship.

  • COPYRIGHT IS DISTINCT FROM
    PHYSICAL PROPERTY

    There is a clear distinction between the copyright in a work and the ownership of the physical article in which the work exists. For example, a writer may own the copyright in the text of a book even though the person who purchases it will own the physical copy of the book.

    Similarly, the buyer of an original painting does not have the right to make copies of it without the permission of the owner of the copyright; the right of reproduction remains with the copyright owner who is generally the artist.

    Copyright comes into picture the moment a work is created. However, from an enforcement perspective, registration is often preferred.

    A certificate of registration of copyright contains the date of creation of the document and the creator of the document. These particulars need to be filed with a statutory authority, i.e. the Registrar of Copyrights at the time of registration.

  • THE CLASSES OF WORK FOR WHICH
    COPYRIGHT PROTECTION IS AVAILABLE IN INDIA

    Copyright subsists thoughout India in the following classes of works:

    1.Literary,dramatic,musical and artistic works;
    2.Cinematography
    3.Sound recording.

  • WHAT IS AN ARTISTIC WORK?

    An artistic work means-

    1.A painting, a sculpture, a drawing (including a diagram, map, chart or plan ), an engraving or a photograph, whether or not any such work possesses artistic quality;
    1.A work of architecture; and
    2. Any other work of artistic craftsmanship.

  • WHAT IS MUSICAL WORK?

    "Musical work" means a work consisting of music and includes any graphical notation of such work but does not include any words or any action intended to be sung, spoken or performed with the music .A musical work need not be written down to enjoy copyright protection.

  • WHAT IS A SOUND RECORDING?

    "Sound recording" means a recording of sounds from which sounds may be produced regardless of the medium the sounds are produced. A phonogram and a CD-ROM are sound recordings.

  • WHAT IS A CINEMATOGRAPH FILM?

    "Cinematograph film" means any work of visual recording on any medium produced through a process from which a moving image may be produced by any means and includes a sound recording accompanying such.