Introduction
The Indian legislature offers writers and owners of original works of authorship copyright protection from the moment the works are created and expressed in a physical form. A variety of works, including sound recordings, cinematographic films, and literary, dramatic, musical, or creative works, are protected by copyright. India's copyright laws are governed by the Copyright Act 1957. The Copyright Act, 1957, as amended in 2012, supplemented by the Copyright Rules, 2013, with subsequent amendments, is the governing law for copyright protection in India. India is a member of both the Berne Convention and the Universal Copyright Convention.
Original content creators are granted the sole right to use and reproduce their creations for a specified period of time under copyright laws. In general, copyright lasts for the lifetime of the author plus 60 years after their death. For certain categories of work, such as photographs, cinematographic films, and sound recordings, the duration is generally 60 years from the date of publication. The copyrighted material becomes public domain after the copyright expires.
TYPES OF COPYRIGHTABLE WORKS IN INDIA
Copyright law classifies work into various categories. Each has its own scope of protection and applicable rights. The Copyright Act classifies works into the following categories:
1. Literary Works
As per Section 2(o), "literary work" includes computer programs, tables, and compilations, including computer databases. The term 'literary' in copyright law is to be used in a sense somewhat similar to the use of the word 'literature' in political or electioneering literature and refers to written or printed matters. Literary works include but are not limited to textbooks, poems, magazines, catalogs, novels, dissertations, lyrics of songs, etc.
2. Musical Works
Section 2(p) of the Act defines a "musical work" as a composition consisting of music, which includes any graphical notation of such work. However, it excludes any accompanying words or actions intended to be sung, spoken, or performed with the music. This indicates that sound recordings and lyrics are protected under the Act as independent types of intellectual property.
The Hon'ble Supreme Court, in the landmark case Indian Performing Rights Society v. Eastern Indian Motion Pictures Association [AIR 1977 SC 1443], clarified that copyright protects the melody or harmony in written or graphic form, not the performance or voice.
3. Sound Recordings
Section 2(xx) of the Act defines a "sound recording" as a recording of sounds from which such sounds may be reproduced, regardless of the medium on which the recording is made or the method by which the sounds are produced. This broad definition encompasses all forms of recorded audio, including songs, speeches, and podcasts. The producer of a sound recording is the owner of the rights related to publication, replication, and adaptation.
For example, a melody written as sheet music is a musical work, but once recorded on a CD or flash drive, it becomes a sound recording.
4. Dramatic Works
Section 2(h) of the Copyright Act defines a "dramatic work" as any piece intended for recitation, choreographic presentation, or entertainment in dumb show, including the scenic arrangement or acting form that is fixed in writing or otherwise. It does not, however, specifically include cinematographic films. Scripts, dialogue, pantomimes, and choreography are all considered dramatic works. Cinematographic films are treated separately. Dramatic works can be publicly performed, adapted, and integrated into films with due rights.
5. Cinematographic Films
Section 2(f) of the Act defines a "cinematograph film" as any work that includes motion pictures, visual recordings, and any accompanying sound recordings. This category includes audio-visual materials such as documentaries and movies. Further, it is clarified that a visual recording under the Act includes the recording of moving images or representations thereof in any medium, by any method, including electronic storage from which such images can be perceived, reproduced, or communicated by any means. Merely, any video or recording with moving images is treated as a cinematograph film under the law.
6. Artistic Works
According to section 2(c) of the Act, artistic works encompass a broad variety of creative expressions, including paintings, sculptures, drawings, cartoons, graphics, photographs, and engravings. Regardless of their artistic merit, these pieces are preserved. The rule also applies to architectural plans, which include models of such buildings or buildings with artistic qualities, provided that they are situated in India. However, only the artistic and design elements of architecture are protected by copyright; construction techniques are not. Photolithographs and other comparable works are likewise protected, but not if they are included in a cinematographic film. Sculptures are protected too, and this includes any casts or molds made for them.
A landmark ruling in Eastern Book Company & Ors vs. D.B. Modak (2008) addressed copyright in compilations and digital databases. The Supreme Court ruled that originality in copyright does not demand novelty or invention but requires a modicum of creativity and skill. This judgment clarified that even compilations or software databases are eligible for copyright if they involve selection and arrangement with sufficient originality.
CONCLUSION
In addition to being a legal tool, copyright fosters innovation, advances culture, and safeguards the original creation of the person. India provides a fair framework that promotes innovation while preventing exploitation by defining rights and limitations under the Copyright Act, 1957. Understanding its types helps individuals and businesses to ensure compliance and respect the rights of others. Creators can confidently register their works, knowing their creative efforts are respected and safeguarded for decades.
India: +91-1141 8355 50