What are the types of copyright in India?

The term 'Copyright' indicates the 'right to copy' granted exclusively to the author or artist creating it. There are hundreds of ways to create art or any unique creation, but for an easy understanding, the copyright law in India has divided all the works under these six heads.

What is copyright?

The customary meaning of the term 'Copyright' indicates the 'right to copy' granted exclusively to the author or artist creating it. For copying or using any of the said work, everyone else must seek permission from the copyright holder, otherwise liable for Copyright Infringement. The Copyright Act 1957 does not specifically define the concept, but it prescribes all the provisions to protect the copyright owner's exclusive rights.

What are the different types of copyright?

There are hundreds of ways to create art or any unique creation, but for an easy understanding, the copyright law in India has divided all the works under these six heads:

  • Literary Works: The Literary Works covers a unique piece of writing, which can be in any mode like a fictional write-up, scholarly books or articles, drama or movie script, biography, tables, research work, compilation, and computer programmes including computer databases. It can be claimed without considering the work's style, quality, or literary merit.
     
  • Dramatic Works: Dramatic Work can be included in literary work. Still, it has been categorized separately because it includes a specific method of acting a play, or a part for recitation or any work on choreographing or dumb show performance, a charming arrangement, or acting work based on the planned write-up. However, cinematograph films are not categorized as dramatic works.
     
  • Cinematograph Films: A cinematograph film is a product of optical recording collectively with the sound recordings performed in any digital or similar method, including the visual films. It also incorporates visual recording using any mechanism and storing such visual recording. As per the description of cinematographic films, every single recorded composition with moving pictures or visuals be regarded as a cinematograph.
     
  • Musical Works: A Musical Work is an audible work that can be copyright protected, and it does not include any lyrics or any sound made by a human voice. Though the works associated with sound recordings are subject to the musical works, for the security of Musical Works, a distinct application is expected to be submitted with the Copyright Office for the Registration of the musical work. The creator of a sound recording is not obligated to consent from the creator of a Musical Work. 
     
  • Sound Recordings: A Sound Recording covers any sound recording product irrelevant to its recording medium. The songs that comprise human voice with or without music, a filmed speech or an audio, or podcast are all considered a sound recording.
     
  • Artistic Works: Section 2 of the Copyright Act, 1957 grants the prerequisites associated with the Artistic Works preserved by Copyright in India. Under the said provision, assurance of copyright in artwork subsists in an authentic artistic work involving paintings, sculptures, graphics, cartoons, lithographs, engravings, drawings, designs, photography, sketches, models of buildings, charts and maps, buildings, moulds, and characters for sculptures.

What are the benefits of copyright?

Any work under the mentioned categories and the work attempting to be copyrighted must be unique. The copyright law is particularly concerned about the authenticity of the expression of thought.

The Register of Copyright serves as prima facie evidence of the details recorded therein. The documents indicating the copies of the approaches and selections from the Register certified by the Registrar of Copyright are permitted as evidence in all courts. Thus, the registration only establishes an assumption that the character in the Register is the actual creator, owner or copyright holder.
 


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