The protection available under the Copyright Act can be availed for creative works that qualify as copyrighted work. This page will discuss various types of copyright work that may be registered in India.
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The right, also called as The Intellectual Property Rights, to a work of literary, music, cinematography or software code arises at the time of its creation, and it rests with the person who has created it.
The copyright is a work of creativity and is an exclusive right in favor or the author of the original work. The rights of copyright are conferred under The Copyright Act, 1957. There are various categories of work which can be registered under the law. The validity of the registration of copyright is 60 years in general from the end of the year in which it is first published. The legal treatment is different for different type of work, the intent of the IPR in copyright is to protect the original work irrespective of its quality or artistic merit. Section 13 of The Copyright Act, 1957 provides that the original works in which copyright subsists we shall deal with various types of copyright which can be registered in India.
The original creation of literature which may be in any form like work of fiction, biography, technical books or paper, dramatics, script, thesis, research work, tables, compilation & computer programmes including computer databases. It can be claimed irrespective of its quality, style or literary merit.
As per section 2 of the Copyright Act, the copyright in artwork subsists in an original artistic work comprising of paintings, sculptures, graphics, cartoons, etchings, lithographs, photography, drawings, plans, maps, diagrams, charts, buildings, models of buildings, moulds and casts for sculptures.
A cinematograph is a work of visual recording along with the sound recording accomplished by any process whether analogous or digital including the video films. It includes visual recording in any medium and by any method of storing it. By definition, every recorded work with moving visuals/images will be considered a cinematograph
The dramatic work is also a kind of literary work which includes any piece for recitation, or an arrangement of performing a play, work of choreographing or dumb show entertainment, a scenic arrangement or the work of acting based on a fixed writing work. but does not include a cinematograph film.
A musical work is a distinct copyrightable work in itself and does not include lyrics or any sound. The works of the sound recording are though dependent on music work, but to protect musical work a separate application must be moved with the musical work. The author of sound recording need to take permission from the author of music work
The songs which contain singers voice with or without music, a recorded speech or an audio, or podcast is the examples of sound recording. This includes any work of recording sound regardless of its medium or storage. In case the sound recording also has music then permission from the author of music work must be obtained.
