The Copyright Act gives protection to the original work created in India and to those foreign countries, who are members of the convention countries to which India is a signatory vide International Copyright Order,1999, within the territory of India. The work is defined under the copyright act in Section 2(Y). Work means any of the following, namely, a literary, a dramatic, musical, or an artistic work, a cinematograph film, or a sound recording.
The work could be created either singly by an individual or in combination with two or more persons. When work is produced in collaboration with two or more persons in which the contribution of each person is not distinctive it is known as work of joint authorship.
The copyright prevails throughout India in the following classes of work
Original literary dramatic, musical, and artistic works
Original Literary Dramatic, Musical, & Artistic works
Literary work – It refers to written or printed matter which is intended to refer to either information or instruction the copyrights obsessed in original literary work as per the definition of literary work provided in the Act literary work includes computer programs table and compilations including computer databases. Literary work can be expressed in the form of textbooks, poems, catalog, novel, dissertation, lyrics of the song, magazine’s, Computer programs, table and compilation including computer databases, translation for adaptation of a pre-existing work.
Artistic work – It is original work created by an author consisting of painting sculptures drawing ( including a diagram, a map, chart, or plan), an engraving for a photograph, irrespective of whether or not such work processes artistic quality. It includes work of architecture and any other work of artistic craftsmanship.
The various examples of artistic work could be cartoons, lithographs, photography, building, models of building, etchings, Sculptures, cast for sculptures paintings, graphics.
Dramatic work – It is that type of work could be in form of literature or otherwise upon which the performance of a play or scenic arrangement rest. It does not include a cinematograph film The dramatic work could be any piece of recitation, choreographic work or entertainment in dumb show, the scenic arrangement, or acting.
Musical work – it is a composition consisting of music and includes any graphical notation of such work. musical work does not include lyrics of music or any action which is intended to be sung spoken or were formed with music
The Honorable Supreme Court has defined the protection granted in musical work in Indian Performing Rights Society Vs Eastern Indian Motion Picture Association [AIR 1977 SC 1443]” In musical work copyright is not the soulful tune, the super singing, the glorious voice or the wonderful rendering. It is the melody for harmony reduced to printing writing or graphic form.”
So, in simple words when a composer develops the melody which is represented as sheet music which may include western, Swaras, or any other form of graphical Music notation it is a musical work. However, when the same melody is recorded through any medium of recording in which sound is fixed and can be communicated either directly or indirectly that recording will be classified as a sound recording.
In simple words, every recorded work with moving visuals or images will be considered as a cinematograph film. section 2(f) of the Copyright Act 1957 defines cinematograph films as “means of any work of visual recording and includes a sound recording a component such visual recording and cinematograph shall be construed as including any work produced by any process analogous to cinematography including video films .”
Thus any visual recording such as videos short films movies animated movies documentaries acceptor will be a cinema cinematograph film.the recording of a video game or animation, video recording of choreography, Classroom lectures, public speeches, dance performances being moving images are also considered as cinematograph film
It is the work of recording the sound from which the sound can be communicated either directly or with the aid of a machine or device. When a graphical notation of musical work is recorded in any medium from which sound may be produced it amounts to sound recording. The sound recording may be claimed in aggregate of sound embodied in any tangible medium including open reel tapes, cassettes, phonograph discs, cartridges, player piano rolls, and other material of objects in which sound are fixed.