Matters which are copyrightable

  • Setindiabiz Team
  • April 24, 2023
Matters which are copyrightable - Complete Guide
It is now easier than ever to discover media: movies, songs, books, games, and images are all available with a single click. Imagine if someone tries to take our photos and videos without our permission and share them? Obviously no one feels good about it.
As most of us are a part of the digital world, it is important for the owners of the original work to copyright their work to prevent infringement. It is beneficial for the owners of original works to register their copyrights to prevent unauthorized users from infringing their intellectual property rights. It should be noted, however, that this method of evading infringement is not always effective.
In light of this, if you have recently worked on an original piece of work, be sure to understand the importance of copyright and its benefits. Be sure to know which matters are subject to copyright and its protection.

Copyright: Everything You Need to Know

Sometimes we pay for the media we find online, sometimes we don’t, and sometimes there are both paid and free versions. Have you ever wondered why we look for free content over the internet? It happens for three reasons.
The first reason we find free media is due to the artist’s decision to make his or her work available for free. When this happens, the artist will still get paid by advertisements that engage with their work, or the artist may opt to share their work for free to create exposure for their name and work, or just to share their work with others.
It is also possible to find free media online if the work of an artist or a creator is in the public domain. This means the work is not protected by copyright. Perhaps the copyright for the work has expired due to its age.
The third and last point is how the work is unlawfully circulated. In other words, someone illegally posted the work without the authorization of the original creator. This is commonly referred to as ‘copyright infringement.’ The objective behind copyright is to encourage artists and creators, such as you and me, to dedicate time and resources to generating new and original work.

What is Copyright?

The copyright is a creative work and an exclusive right in favor of the original work’s creator. The Copyright Act of 1957 gives copyright rights. Under the act, many types of work can be registered. Copyright registrations are generally valid for 60 years from the end of the year in which they are first published.
The level of protection varies depending on the type of work; the aim of IPR under copyright is to protect the original work regardless of its quality or visual appeal. Section 13 of the Copyright Act of 1957 states that the original works in which copyright exists would be dealt with in terms of the many forms of copyright that can be registered in India.

Various Types of Matters That Can Be Copyrighted in India

Whether you are a small-town musician creating music or a large studio making the next blockbuster, all artists should grasp how copyright, public domain, and fair use influence their work. Although these legal concepts might be perplexing.

This post is meant to make things easy down into simple terms.

Copyright is the idea that original work, such as literature, photography, or music, belongs to the individuals who created them and cannot be used, copied, modified, or published without permission. Copyright infringement occurs when you infringe copyright, as stated above. You might suffer serious penalties, such as lawsuits or criminal accusations, as a result of this.
A list of things that can be copyrighted in India under legal acts is made available below to benefit any artist or creator in protecting their original work from any infringer:
Various Types of Matters That Can Be Copyrighted in India
  1. Literature: Any literary work’s original iteration can take any shape. For example, works of fiction, biographies, research papers, dramas, theses, scripts, and computer program compilations, which includes computer databases. It can be maintained regardless of quality, style, or literary worth.
  2. Artwork: According to section 2 of the Copyright Act of 1957, artworks are protected by copyright. This includes, but is not limited to, paintings, graphics, cartoons, pictures, drawings, sketches, maps, and layouts.
  3. Cinematograph Film: A cinematograph is a piece of visual and sound recording achieved by any technique, whether analogue or digital, including video films. Visual recording in any media and by any technique of storage is included. Cinematograph is defined as any recorded work having moving visuals/images.
  4. Drama: A dramatic work is also a literary work that contains a piece of recitation or an arrangement of performing a play, a work of choreography or dumb show entertainment, a scenic arrangement, or an acting performance based on fixed written work. However, no cinematographic film is included.
  5. Music: A music work is a separate copyrighted work that does not include lyrics or sound. Although sound recording works are dependent on music work, to preserve musical work, a separate application must be filed with the musical work. The author of the sound recording must seek permission from the composer of the music.
  6. Sound Recording: A sound recording is a song that includes a singer’s voice with or without music, a recorded speech or audio, or a podcast. This covers any recording activity, regardless of media or storage. If the sound recording includes music, authorization from the creator of the music work is required.

Copyright Registration

A minimal level of copyright protection is produced as soon as a work is created, and no formality is necessary to acquire a copyright. However, works can be registered in the Register of Copyrights kept by the Copyright Office of the Department of Education to show ownership and serve as prima-facie evidence in a court of law.
To register for copyright, submit an application for registration on Form IV together with the relevant fee. Copyright can be applied to both published and unpublished works. In the event of previous publications, three copies of the previously published work must be sent with the submission.
In the situation of unpublished work, a copy of the text must be submitted along with the application for attaching the Copyright Office stamp as proof of registration.
Copyright is normally valid for 60 years. In the case of original literary, dramatic, musical, and artistic works, the 60-year term begins the year after the author’s death. The 60-year term begins with the date of publication for cinematograph films, sound recordings, pictures, posthumous publications, anonymous and pseudonymous publications, works of government, and works of international organizations.

Bottom Line

Copyrights can greatly help intellectual property (IP) owners protect many of their assets. However, depending only on these rights is not ideal because they do not cover everything. No, the creators do not need to be concerned since they have other options, such as trademark and patent law, to safeguard their assets that copyright cannot. A person should have extensive knowledge regarding what can and cannot be copyrighted. Furthermore, they should grasp which types of Intellectual Property Rights, such as trademarks and patents, to mention a few, will apply to specific items that are not covered by copyrights.
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