Copyright is a type of Intellectual Property Protection recognised and granted by the Indian laws to original works of authorship. Section 14 of the Copyright Act, 1957, refers to exclusive rights vested to the creators of certain works. These include:
Unlike Patent Law, the expression of the idea is protected under the Copyright Law, rather than the idea itself. There is no copyright on ideas.
For instance, suppose an artist paints a picture of a fruit bowl, the finished painting is protected. No one else would be able to create an exact replica or use the painting without the permission of the artist. However, the copyright law will not stop other from paint pictures of fruit bowls using their own skill and interpretation.
Copyright does not protect names, slogans, short word combinations, titles, plots, processes or other factual information. Names and short word combinations used for branding and trading can be protected by way of a trademark registration. Processes, concepts, and products can be protected by filing a patent registration.
The rights vested can only be exercised by the owner of the copyright. The owner can also license the copyright to a third-party on payment of royalty. This right includes:
Based the nature and type of work, there can be slight variations in the composition of the various rights to the creator.
Creativity acts as the keystone of progress and development, the main purpose and need for protection are to safeguard the rights of the creators and encourage further progress and creation. The copyright material is usually created using significant labour, investment, and skill. Without the protection, the creators would be easily exploited. A copyright protection:
The creation of a copyright is not based on official or legal procedures. In most countries (including India) that are party to the Berne Convention, no formalities are required. The copyright is created when the work comes into existence and as is considered to be protected immediately when it is created.
However, a copyright registration serves as prima facie evidence in the Courts of law should the creators or registered owners want to file a suit for infringement of rights. Also, the owner of the copyright would be able to seek damages against such infringement only if the copyright is registered.
The copyright material is considered as infringed only when a ‘substantial part’ of the material is used by another person without prior permission. Substantial part varies from work and is more based on quality than quality.
For instance, if a songwriter copies a very catchy phrase from another’s work, then it could amount to infringement despite the fact that only a phrase was infringed upon.
The copyright law allows the use of the copyright material under the provisions of fair use by providing certain exceptions. Subject to certain provision, the material can be used:
The exceptions under the copyright law have been provided to ensure that the laws are enacted in such a way that maintains a balance in the community.