Copyright ensures certain safeguards of the rights of authors over their creations, thereby protecting and rewarding creativity as well as contributes in development of creativity. The protection provided by copyright to the efforts of writers, artists, designers, dramatists, musicians, architects and producers of sound recordings, cinematograph films and computer software, creates an atmosphere conducive to creativity, which induces them to create more and motivates others to create.
Copyright, in a work, is considered as infringed only if a substantial part is made use of unauthorizedly. However, the Copyright Act also recognizes that the fact that any exploitation of work, which are for social purposes such as education, religious ceremonies etc. shall be exempted from the operation of the rights granted in the Act.
The Act also provides that subject to certain conditions, a fair deal for research, study, criticism, review and news reporting, as well as use of works in library and schools and in the legislatures, is permitted without specific permission of the copyright owners. In order to protect the interests of users, some exemptions have been prescribed in respect of specific uses of works enjoying copyright. Some of the exemptions are the uses of the work (i) for the purpose of research or private study, (ii) for criticism or review, (iii) for reporting current events, (iv) in connection with judicial proceeding, (v) performance by an amateur club or society if the performance is given to a non-paying audience, and (vi) the making of sound recordings of literary, dramatic or musical works under certain conditions.
Copyright does not ordinarily protect titles by themselves or names, short word combinations, slogans, short phrases, methods, plots or factual information. Copyright does not protect ideas or concepts. To get the protection of copyright a work must be original.
Copyright subsists throughout India in the following classes of works:
- Original literary, dramatic, musical and artistic works;
- Cinematograph films; and
- Sound recordings.
An artistic work means:
- a painting, a sculpture, a drawing (including a diagram, map, chart or plan), an engraving or a photograph, whether or not any such work possesses artistic quality;
- a work of architecture; and
- any other work of artistic craftsmanship.
“Musical work” means a work consisting of music and includes any graphical notation of such work but does not include any words or any action intended to be sung, spoken or performed with the music. A musical work need not be written down to enjoy copyright protection.
“Sound recording” means a recording of sounds from which sounds may be produced regardless of the medium on which such recording is made or the method by which the sounds are produced. A phonogram and a CD-ROM are sound recordings.
“Cinematograph film” means any work of visual recording on any medium produced through a process from which a moving image may be produced by any means and includes a sound recording accompanying such visual recording and “cinematograph” shall be construed as including any work produced by any process analogous to cinematography including video films.
WHO OWNS THE COPYRIGHT
IN MUSICAL WORK:
In a Musical Sound Recording, the rights may vest in the lyricist who wrote the lyrics, the composer who set the music, the singer who sang the song, the musician (s) who performed the background music, and the person or company who produced the sound recording. Thus, it would be advisable that a license is obtained from each and every right owner in the sound recording. This would, inter alia, include the producer of the sound recording, the lyricist who wrote the lyrics, and the musician who composed the music.
IN LITERARY WORK:
In the case of a literary, dramatic or artistic work made by the author in the course of his employment by the proprietor of a newspaper, magazine or similar periodical under a contract of service or apprenticeship, for the purpose of publication in a newspaper, magazine or similar periodical, the said proprietor shall, in the absence of any agreement to the contrary, be the first owner of the copyright in the work in so far as the copyright relates to the publication of the work in any newspaper, magazine or similar periodical, or to the reproduction of the work for the purpose of its being so published, but in all other respects the author shall be the first owner of the copyright in the work.
CREATION IN THE COURSE OF EMPLOYMENT:
In the case of a work made in the course of the author’s employment under a contract of service or apprenticeship, the employer shall, in the absence of any agreement to the contrary, be the first owner of the copyright therein.
IN THE CASE OF PHOTOGRAPH, PAINTING:
In the case of a photograph taken, or a painting or portrait drawn, or an engraving or a cinematograph film made, for valuable consideration at the instance of any person, such person shall, in the absence of any agreement to the contrary, be the first owner of the copyright therein.
.Copyright protects the rights of authors, i.e., creators of intellectual property in the form of literary, musical, dramatic and artistic works and cinematograph films and sound recordings. Ordinarily, the author is the first owner of copyright in a work. An Author, under the Copyright Act, shall mean
- In the case of a literary or dramatic work the author, i.e., the person who creates the work.
- In the case of a musical work, the composer.
- In the case of a cinematograph film, the producer.
- In the case of a sound recording, the producer.
- In the case of a photograph, the photographer.
- In the case of a computer-generated work, the person who causes the work to be created.
HOW INFINI JURIDIQUE CAN HELP YOU IN COPYRIGHT
Our Copyright Attorneys help clients in protection of their literary, dramatic, musical, artistic works. We also provide services to the Software Industry in protecting their software source code as well as functioning. Copyrights Act provides for recognition of ownership to the creators of literary, dramatic, musical and artistic works and producers of cinematograph films and sound recordings. By virtue of a copyright protection the owner of a copyright gets a protection on the original literary, dramatic, musical and artistic works and cinematograph films and sound recordings from unauthorized uses. Unlike the case with patents, copyright protects the expressions and not the ideas. There is no copyright in an idea. Infini Juridique has been working closely with publishing industry, music industry and software companies in protecting their valuable assets. We have been playing a pro-active role in preventing any infringing activity.