What is copyright?
Meaning: the Idiomatic and Syntactic English Dictionary defines copyright as “sole legal right, held for certain number of years, by the author of a work, or by someone delegated by him, to print, publish, sell, broadcast, perform, film or record his work or any part of it”
In simpler words copyright can said to the exclusive rights held by the author or creator to exploit his own work or creation.
Why is copyright law needed?
In modern times it has become increasingly necessary to protect the creators / authors of the various literary and art works from unlawful reproduction and exploitation of his work by others. Copyright also becomes essential to encourage authors to exploit their own work for the benefit of the public. The need for copyright are twofold:
1. For the protection of individual and commercial interests.
2. For the protection of social interest.
1. protection of individual and commercial interests-
Though the author has sole rights over his creation the copyright law allows the author to delegate this right wholly or partially for consideration. Thus with the protection of the author’s creativity and genius the law also facilitates a way for monetary gain for the owner of a copyright.
2. Protection of social interest-
The art and literature are closely related to our social and cultural aspects of life. Our culture is reflected in our art and any kind of exploitation in this field can deeply affect the interest of the society that has great value for the cultural aspects depicted through art, literature etc. Copyrights hence protect the social interest as well.
Scope of copyright
Copyright can be understood as a set of multiple rights in one single work. These rights can be wholly or partly assigned by the owner of these rights to another person. Its covers in its ambit the protection of the creator’s right and the prevention of unauthorized exploitation. For example in a literary form of work there is 1) right to create a dramatic version of the same, 2) right to create the cinematographic version if the same 3) right to translate etc. The copyright covers under its ambit all these rights.
Copyright only covers the original work, the one that has been created by the original author and the creation must exist in a material form. Ideas and understanding of an author is not therefore covered by the copyright.
Works in which copyright subsist
Section 13 of the Copyright Act-
(1) Subject to the provisions of this section and the other provisions of this Act, copyright shall submit throughout India in the following classes of works, that is to say,–
(a) original literary, dramatic, musical and artistic works;
(b) cinematograph films; and
(c) sound recordings
Idea1. Original literary, dramatic, musical and artistic works.s and opinions are not a subject matter of copyright but only the method of expression. Let us understand each aspect in detail.
1. Original literary, dramatic, musical and artistic works.
In order to bring under the purview of copyright an original thought or idea is not necessarily required to make it original. The fact that in the present work the arrangement of words, ideas, reflections etc. are completely different from the previous books written in the same subject matter are sufficient for it to be an original content. The mental labor undertaken by the authors to create a new work by compiling the different ideas and framing the new arrangements are is the essential factor that is considered. Even though the result may be similar to another work the skill and labour employed for the composition, development and creation of the work will make it eligible to enjoy the copyrights. However, fundamental facts are not a subject matter of copyright.
Written or printed matter, computer programmes, tables, compilations etc are included in literary works. Dramatic works include all sorts of recitations, the choreographic and scenic arrangement, form of acting etc. but does not include cinematograph films. In relation to musical works the graphic notation. While artist work will include painting, sculpture, drawing, engraving or even a photograph.
In order to bring under the purview of copyright an original thought or idea is not necessarily required to make it original. The fact that in the present work the arrangement of words, ideas, reflections etc. are completely different from the previous books written in the same subject matter are sufficient for it to be an original content. The mental labor undertaken by the authors to create a new work by compiling the different ideas and framing the new arrangements are is the essential factor that is considered. Even though the result may be similar to another work the skill and labour employed for the composition, development and creation of the work will make it eligible to enjoy the copyrights. However, fundamental facts are not a subject matter of copyright.
Written or printed matter, computer programmes, tables, compilations etc are included in literary works. Dramatic works include all sorts of recitations, the choreographic and scenic arrangement, form of acting etc. but does not include cinematograph films. In relation to musical works the graphic notation. While artist work will include painting, sculpture, drawing, engraving or even a photograph.
2. Cinematograph films
Cinematography is a work that is produced by synchronizing the visual and audible portion. Moving images produced are accompanied by the audio recordings which are produced any means means.This includes video films . Examples for the same are video compact disc, video tape films, films etc. The copyright acts to protect the filmmaker’s labour involved in the creation of films. The unauthorized reproduction of any cinematographic work be brought under the ambit of the Copyrights Act. Cinematographic work that are based on other literary or artistic work also have a separate set of copyrights different from that of the literary or artistic work from it has evolved. The mental labour that has been employed to convert a written form of expression to cinematographic form of expression is protected.
3. Sound recordings
The method by which the sounds are produced and can be reproduced regardless of the medium are covered under this section. The copyright of the sound recording is different from the copyright on the material in the recording. Therefore you can have copyright on your song as well as a separate copyrights for the recording of your song. And again this is different from the sound recording in an audio-visual recording. The author authorized reproduction if the sound recordings can be brought under the purview of the copyright act. This protects the interests of the people who have laboured to create it.
Well, these are the works in which the copyright subsist. Stay tuned for more information.
Pen Fight 