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Basics of Copyright by Mayurakshi Sarkar at Lexcliq

 Basics of Copyright by Mayurakshi Sarkar at Lexcliq

It is governed by the Copyright Act 1957 (the Act), which is supported by the Copyright Rules 1958 (the Rules). In 2012, the Copyright Act underwent significant revisions. Copyright law in India is derived from judicial rulings because the country has a common law legal system, which relies on case law to interpret and make precedents. Members of the Berne Conventions and the Universal Copyright Convention, India is also a signatory to these agreements. The International Copyright Order, 1999, has also been approved by the Indian government. All works first published outside of India will be given the same treatment as if they were first published in India under this Order.

In India, the following types of works are protected by copyright:

  • original literary, dramatic, musical and artistic works;

  • cinematograph films;

  • sound recording

Literary Works

Regardless of the quality or style of the work, "literary works" comprises all works that are in print or written. Anyone who considers themselves a "literary person" is not limited to those who write prose and poetry. Unless the work is a collection of words that were assembled without the use of literary skill, it will not be protected by copyright. The legal status of a computer programme in India is the same as that of a piece of literature.

Dramatic Works

No cinematograph film can be considered a dramatic work, but any material for recitation, choreography, or entertainment in a dumb show with a defined scenic arrangement or acting form can be considered a dramatic production.

Musical Works

To be considered a "musical work," one must include the music itself, as well as its graphic notation, but must exclude any words or actions intended to be sung, spoken, or performed in conjunction with it. Copyright protection does not need the creation of a musical piece.

Artistic Works

Painting, sculpture, drawing (including maps, charts and plans), engraving, and photography are all examples of "artistic work," regardless of whether or not they are considered to be works of art. An artistic work can have any colour scheme, style or arrangement of alphabets or characteristics.

Cinematic Movies

In the context of cinematography, "cinematograph" refers to any piece of visual recording on any medium produced through a technique from which a moving image can be formed in any way and includes a sound recording accompanying such visual recording.

Sound Recordings

No matter the media or method used to record the sounds, a "sound recording" is a recording from which new sounds can be generated. There are two types of sound recordings: phonograms and CDs.

These categories of works are all eligible for copyright protection and can be protected. If a copyright application is being made on behalf of an unpublished work, that work must be wholly original. The law only cares about the originality of one's thoughts when it comes to criminal prosecution. By signing a contract, the copyrighted works are protected and cannot be duplicated or reproduced without permission from their creators and their representatives.

The work's author can prohibit or allow anyone to:

  • make a copy of the material in any format imaginable;

  • employ the work in a theatrical or musical production;

  • use CDs, cassettes, and other recording devices to make copies of the work.

  • broadcast it in a number of different ways;

  • In other languages, do the same

In addition, moral rights, which include the right to be identified as the author of a work or to object to negative portrayal of a work, are safeguarded. Despite the fact that the author's copyright has been transferred (whole or in part), the author retains a number of specific rights granted by the Act.

The author's rights are:

 To protect their reputation,  to claim authorship of the work and prevent or seek damages in regard to any mutilation of, change to, or other act on the work that would be damaging to their honour and fame.

The legal representatives of the author can also make use of these privileged privileges and privileges. The author has a moral right to prevent alterations to his or her work even after the term of the copyright has expired, not just during that time.


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