COPYRIGHT ACT, 1957

Updated on : 2021-Jan-10 16:14:03 | Author :

Contents

 

  • Types of work protected by the copyright act
  • What is Copyright Act, 1957?

Copyright is the legal right of the intellectual property owner. It gives the exclusive rights to produce work to the creators of the original material or product and the authorization provider only.

 

Types of work protected

There are various types of works that can be protected by copyright. These works are as follows-

 

  • Literary work
  • Dramatic work
  • Musical work
  • Artistic work
  • Cinematographic work
  • Sound recording

 

What is Copyright Act, 1957?

According to section 17 of the Copyright Act, 1957 the author of the work is considered as the first owner of the copyright. The author can be of various works that come under copyright protection.

As per section 2(d) “Author” means, –

The author of the work: About a literary or dramatic work,

The composer: About music work,

The artist: About artistic work other than a photograph,

The artist: About photograph, the person taking the photograph,

The producer: About a cinematograph film or sound recording,

 

 

Literary work

 

It includes a unique and original creation in the literary field. It can be any fiction or technical books or biography or dramatic thesis or script etc. It can be easily claimed regardless of any style or quality or literary work or merit of that particular work.

 

Dramatic work

 

The dramatic work is a subtype of the literary field. It includes the arrangement of acting a play for recitation or choreography works etc. It does not include any cinematography films. But the dramatic work does not include cinematographic films.

 

Musical work

 

Musical work includes sound or lyrics or works which are related to the sound recordings which are dependent on the musical works. A separate application is required to be moved with the Copyright Office for the Registration to protect the Musical Works of such musical work.

 

Artistic work

 

According to Section 2 of the Copyright Act, 1957 the provisions related to the Artistic Works are protected by Copyright in India. Under Section 2 of the Copyright Act, 1957, protection of copyright in artwork exists in an original form of artistic work having sculptures or paintings or cartoons or graphics or lithographs or etchings or drawings or plans or photography or diagrams or models of buildings or charts or buildings or maps or molds and casts for sculptures.

 

Cinematographic work

 

The work of visual recording along with the sound recordings is accomplished by any process either digitally or analogous including the video films is called a cinematograph film. It also engages visual recording in any medium and by any method of storing such visual recordings. Every single recorded work with moving images or visuals will be considered as a cinematograph.

 

Sound recording

 

Any work of sound recording irrespective of its storage medium comes under sound recordings. The songs containing a singer’s voice with or without music or a recorded speech or audio or any podcast are some examples of sound recording. If the sound recording also contains music then the author’s permission of musical work is required to obtain for having the Copyright protection of the sound recording.

 

Copyright enforcement

 

When someone uses a copyrighted work as a whole or any substantial part of it without the copyright owner’s permission and their use is not covered by a copyright exception the Infringement of copyright occurs. Lenstax provides guidance on what to do if someone thinks that anyone has infringed the copyright or if someone has accused that person of copyright infringement.

 

 

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