Subject Matter of Copyright
Meaning of Copyright
Exclusive rights granted to the creator of original works
Copyright refers to a bundle of exclusive legal rights granted to the creator of original literary, artistic, musical, dramatic, and certain other intellectual works. These rights include the right to reproduce, publish, adapt, translate, perform, and communicate the work to the public.
The main objective of copyright law is to protect the creator's efforts and encourage creativity and innovation.
Example 1. An author writes a novel and publishes it with a publishing house.
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Works Protected by Copyright
Literary Works
Includes novels, poems, textbooks, articles, computer programs, and other written material, whether published or unpublished.
Dramatic Works
Includes plays, scripts, choreographic works, screenplays, and other forms of dramatization meant for performance.
Musical Works
Compositions of music including melody and harmony, but excluding the words or actions to be performed with the music (which may be covered separately).
Artistic Works
Paintings, drawings, sculptures, engravings, photographs, architecture, and works of artistic craftsmanship fall under this category.
Cinematograph Films
Includes any work of visual recording on any medium produced through a process from which a moving image can be produced, such as films, web series, or documentaries.
Sound Recordings
Works in which sounds are recorded, regardless of the medium or format, such as audio CDs, digital MP3s, or streaming content.
Example 2. A YouTube creator uploads a music video that includes both the song and visuals.
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Originality Requirement
"Sweat of the brow" doctrine vs. "Skill and Labour" doctrine
Originality is a foundational requirement for copyright protection. It does not require novelty but requires that the work must originate from the author and not be copied.
Sweat of the brow doctrine: This principle holds that a work is original if sufficient effort or labour has gone into creating it, even if it lacks creativity.
Skill and Labour doctrine: The Indian courts have moved towards this standard, which states that the work must reflect some degree of skill, judgment, and labour by the author, and not mere mechanical effort.
Example 3. A person compiles telephone numbers in a directory by manually typing them.
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Ownership and Duration of Copyright
First Owner of Copyright
Author as first owner, except in certain cases
Generally, the author of a work is considered the first owner of the copyright. The author is defined differently depending on the nature of the work. For example, in the case of a literary work, the person who writes the content is the author, whereas for photographs, the photographer is the author.
Work made in course of employment
If a work is created by an employee in the course of their employment under a contract of service or apprenticeship, the employer is deemed the first owner of the copyright, unless there is an agreement to the contrary.
Example 1. A software developer creates code as part of their job in a tech company.
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Cinematograph films and sound recordings
In the case of cinematograph films and sound recordings, the producer is regarded as the first owner of the copyright. This rule overrides the general presumption of authorship.
Example 2. A production house funds and produces a movie with various artists, musicians, and writers involved.
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Duration of Copyright
For literary, dramatic, musical, artistic works: Lifetime of author plus 60 years
Copyright in original literary, dramatic, musical, and artistic works lasts for the lifetime of the author and continues for 60 years after their death. The 60-year period is counted from the beginning of the calendar year following the year in which the author dies.
Example 3. A poet dies in 2005. When will his copyright expire?
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For cinematograph films and sound recordings: 60 years
In the case of cinematograph films and sound recordings, the copyright lasts for 60 years from the beginning of the calendar year following the year of publication.
Example 4. A film is released in 2010. When will the copyright expire?
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