PROTECTION OF COPYRIGHT

Updated on : 2021-Jan-25 14:01:26 | Author :

Contents

 

  • Works protected by copyright
  • Protection of copyright

 

 

 

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.

 

Works protected by Copyright

 

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

 

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.

 

Protection of Copyright

When is a work protected by copyright?

 

The moment an original work is created and fixed in a tangible form it has the protection of copyright. It is perceptible either directly or with the help of any machine or device.

 

Why a work should be copyright protected?

 

It is important to know that the copyright protects the way an idea is presented if it is committed to the paper or other piece of media. The copyright may be worth more than one thinks. So it is important to consider the reasons to keep on top of the property. A work should be protected by copyright because-

 

 Works=Assets

 

If one has an original idea or creative work it’s a potential asset and has to be treated as such. The work can end up having an important value in the upcoming future. It can even be used for financial collateral. The concept of copyrights is considered a legacy because they can last for decades passing down as part of an estate. For works like literary or musical or artistic works, copyrights can last about 70 years even after the death of the original creators. In broadcasting or publishing cases the period may extend to 50 years.

 

 Protecting the rights

 

If one infringes someone’s copyright then that person will have the legal grounds to force the guilty party to either pay for a license or compensate about that when experiencing any financial loss. If someone is using one’s work without his or her knowledge, he or she is well in his or her rights to stop them from doing such things. That person also receives compensation for earnings.

 

 Licensing

 

If one has copyrighted works attracting the interests of other parties, that person can explore the licensing options to make sure that he or she can financially have benefited from the use. Licensing is the process of legal authorization from that person to another party enabling them to use some or all of the copyrighted works. It is an effective way to increase legal protection to one’s idea and can also be used as evidence against another party responsible for not promoting their part of use and at the same time using the work without the creator’s permission.

 

Can one protect a website?

 

All the websites or its contents can be copyrighted inherently as those are original works. Violating copyrights is illegal. Many people don’t ever consider their websites for copyright protection. The reason behind protecting a website is that if it is not protected by copyright it is unable to recover damages while someone copies one’s work.

 

Is it mandatory for a work to be published to be protected?

 

In the provision for the subsistence of copyright in a work, there is no requirement of publication. No provisions of the Act suggests such a requirement. Unpublished works are also eligible to be protected under the Indian copyright law.

 

 

 

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