Types of Works Protected by Copyright in India

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Types of Works Protected by Copyright in India

Copyright grants the owner the sole right to utilize the work, except in certain situations. Anyone who violates the copyright may face legal action from the owner. Injunctions, damages, and accounts are some examples of remedies. 

Many authors and creators get copyright registration to protect their original works. However, not all works can be copyrighted. If you’re interested in protecting your work through copyright protection, it is essential to learn about the types of works which are protected by copyright in India. Only then can you know whether your work can be protected through copyright or not. 

What is Copyright Protection?

Copyright protection refers to the type of intellectual property law that gives the creator of an original work exclusive rights to use and distribute it for a limited time. Copyright encourages creativity and innovation.

No official procedure is required to obtain copyright protection. As soon as a work exists, it is automatically protected. However, it is always recommended to stay one step ahead and get copyright registration formally from the Copyright Office. It serves as an evidence in case of any legal disputes regarding copyright in future. 

What can be Copyrighted?

Let’s look at the different types of work which can be protected by copyright in India:

• Literary works: It includes original written works like novels, articles, essays, website content, blog posts, poems and reference works.

• Artistic works: Artistic works can be copyrighted in India, including original expressions captured in a tangible form like photographs, drawings, paintings, graphic design, diagrams and sculptures.

• Sound recordings: Copyright can be obtained for sound recordings, regardless of the medium of such recording or the method used for producing the sound. 

• Musical works: One can obtain copyright protection for musical works such as compositions of rhythms, harmonies and melodies, regardless of whether they’re instrumental or vocal. 

• Cinematograph films: Any work of visual recording regardless of the medium can be protected through copyright. 

What cannot be Copyrighted?

The following different types of work cannot be copyrighted in India:

• Ideas, methods and systems: Ideas, procedures, systems, operation methods, principles, concepts or discoveries can’t be protected by copyright.

• Factual information: Factual information or data aren’t protected by copyright.

• Titles, names and short phrases: One cannot obtain copyright in India for protecting titles, names, or short word combinations or slogans

• Lettering and coloring: Simple lettering or coloring of products cannot be copyrighted.

• Government-created works: If the government has created works, they cannot be copyrighted.

• Listing of ingredients or contents of a product: Mere listing of product contents or ingredients cannot be copyrighted in India.

Term of Copyright in India

The term of copyright in India in case of original literary, artistic, dramatic and musical works is the author's lifetime plus 60 years after his demise. If there are multiple authors, the copyright lasts for 60 years after the demise of the last author. 

Conclusion

Copyright allows the creators to protect their original works. As soon as a copyrightable work exists, it gets copyrighted. Therefore, copyright registration is not mandatory. However, it is still recommended that you obtain this registration since it offers legal protection to the creator. To obtain copyright registration in India, you must file an application with the copyright office. For assistance in filing the copyright application, you can reach out to our copyright consultants at Registrationwala. 

Frequently Asked Questions (FAQs)

Q1. Which Act protects the original works of art, literature, music and films in India by giving the owner exclusive rights to their work?

A. The Copyright Act of 1957.

Q2. Is it mandatory to get copyright registration for copyright protection?

A. No, getting copyright registration is not mandatory in India.

Q3. If copyright registration is not mandatory in India then why do people obtain it?

A. While copyright registration is not mandatory in India, obtaining it is strongly recommended because it provides legal protection to the author.

Q4. When was the first copyright law introduced in India?

A. The colonial government introduced the first copyright law India in 1847. It was known as the Copyright Act 1847 and was based on the UK Copyright Act 1842.

Q5. What is the copyright term in India?

A. It remains for the author’s lifetime plus 60 years after his demise.

Post updated on: 21-10-2024

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