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What Are the Different Types of Copyright in India?

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Last Updated on June 22, 2024 by Sachin Jaiswal

Copyright registration prevents the use of or copying of unique creative works without authorization, which is important to intellectual assets rights. To guard their intellectual property and ensure they get hold of just compensation for his or her works, Indian scientists, artists, and innovators have to be privy to the numerous forms of copyright. The legal basis for copyright protection in India is laid forth in the Copyright Act of 1957, which additionally shields individuals and businesses from unlawful copies. The styles of work this regulation covers have to be acknowledged by people and organizations. Readers may additionally grasp the regulation and their rights under the Copyright Act of 1957 by studying this blog article, which offers a comprehensive evaluation of all the kinds of copyright in India.

Understanding Copyright and its Types in India

India’s copyright law is the Copyright Act 1957, which has been amended many times to give original works full protection. According to the Act, copyright is a special right only written, acted, musical, visual, cinematic, sound recording and computer software creators can use.

India has a law called the Copyright Act of 1957 that protects copyright. It shows all the rights that writers have, such as the right to copy, share, perform, and change their works. The Act also sets the 60-year time of copyright protection that follows the end of the year the work is first released.

The wide range of artistic works is covered by the Copyright Act 1957:

  • Literary works (poetry, plays, books)
  • Dramatic works (plays, plots, etc.)
  • Musical works (songs, tunes, and other musical works)
  • Artistic works (sculptures, drawings, etc.)
  • Cinematographic films (movies, plays, etc.)
  • Sound recordings (songs, podcasts, etc.)
  • Computer programs (software, apps, etc.)

Categories of Copyright in India

1. Literary Works

Literary works in India are any original literary works independent of their literary value, style, or quality. This group includes computer programs, professional papers, biographies, theses, novels, and scripts. Exclusive rights given by literary works copyright include:

  • Making changes or new copies of the original work: The right to do so.
  • Public performance: The permission to show the work in public, whether by readings, recitations, or performances.
  • Distributing copies to the public: The right to make copies of the work available to the public by sales, renting, or online sharing.
  • Reproduction rights: The right to photocopy, scan, or digitally recreate a work.
  • Translating the work: The right to translate a work into another language.

The original author of the creative work gets these exclusive rights, ensuring their control over their creation’s usage and spread.

2. Dramatic Works

Dramatic works are artistic expressions meant for public performance. This covers plays, stories, dance pieces, and other works of such kind. The copyright for dramatic works gives the author exclusive rights to:

  • Creating changes or new versions of the original work: The right to do so.
  • Reproducing the work: The right to repeat the work, especially via printing, scanning, or digital copies.
  • Making the work accessible: The right to make the work available to the public by shows, screenings, or other means.
  • Concerning the work in cinematographic films: The right to have the dramatic work included in a cinematographic production, such as a television series or film.

These exclusive rights ensure that the original author of the dramatic work has control over its usage and spread.

3. Musical Works

Original songs, tunes, and compositions make up musical works, an artistic expression. For artistic works, copyright gives the author exclusive rights to:

  • The power to reproduce a musical piece: The right to reproduce the musical works, especially by printing, scanning, or digital replication.
  • Public access to the work: The right to provide public access to the work by broadcasts, shows, or other means.
  • Adding variety to the works: The right to redo or change the original work.
  • Performing in public: The right to play the musical piece publicly, as in shows, programs, or other events.
  • Public sharing of copies of the work: The right to make copies available to the general public by sales, renting, or online sharing.
  • Making a sound recording or a cinematographic film: The power to make a sound recording or a cinematographic picture, including the musical piece.

With these exclusive rights, the original author of the musical composition is given control over the usage and spread of their work.

4. Artistic Creations

Paintings, statues, sketches, pictures, and other visual creative forms are all included in the broad group of artistic works. Copyright for creative work gives the author exclusive rights to:

  • Distributing copies of the artistic work to the public: The freedom to share copies of the work online, through sales, or at shows.
  • Including the creative effort in cinematographic movies: The right to have the artistic work included in a cinematographic production, such as a television series or film.
  • Modifying the work in any way: The liberty to remake or change the original artistic creation.
  • Reproducing the work: The right to repeat the artistic creation via digital, printing, or scanning.
  • Public sharing of the creative work: The right to provide public shows, displays, or other kinds of public contact with the creative work.

These exclusive rights ensure that the original author of the creative work has control over its usage and spread.

5. Cinematograph Films

Copyrighted cinematograph films are any visual recording on any media created by a method that can produce a moving picture. This covers everything made by a process linked to photography and video pictures. A cinematograph film’s maker is described as such under Section 2(d)(v) of the Copyright Act.

Among the exclusive rights given to cinematograph videos are:

  • The right to provide copies of the movie to the public through different channels: Hiring, selling, or giving copies.
  • Public release of the cinematograph film: The right to share the movie by broadcasts, shows, or other means.
  • Creating a copy or remake of the movie: The freedom to make fresh adaptations or versions of the original movie.

With these exclusive rights, the cinematograph filmmaker is given control over the usage and spread of their work.

7. Sound Recording

Any recording of sounds, music, or voices counts as a sound recording and is protected work. This covers music records, audio tapes, and other recorded sound types. As stated in Section 2(d)(vi) of the Copyright Act, the person who makes a sound clip is its author.

Sound recording exclusive rights include:

  • Offering to sell or hire any sound recording copy: The right to make copies of the sound recording available to the general public by sales, renting, or online sharing.
  • Giving the audio recordings to the public: The right to broadcast, stream, or otherwise make the sound recording available to the general public.
  • Making any other audio record to represent it: The ability to make new sound recordings, including copies or remixes, similar to the original recording.

These unique rights are given to the person making the sound recording, giving them control over the use and sharing of their work.

8. Broadcasts

In broadcast, audio or video content is sent to a dispersed audience via electronic mass communications media, usually using the electromagnetic spectrum. This covers radio and television programs. Copyright law gives broadcasts exclusive rights to copy, share, and publicly convey the work. In India, radio copyright protection lasts for 60 years, following the end of the year the work was originally released.

9. Software and Digital Works

Various original artistic creations in digital form, software, and digital works include computer programs, mobile applications, digital media, and other electronic material. For some works, copyright protection extends to the exclusive rights to publicly share, sell, and recreate the work. Additionally, in India, software and digital works are covered by copyright for 60 years from the end of the year the work is first released. This law system encourages creativity and invention in the digital world, ensuring inventors get just rewards.

Conclusions

To sum up, copyright is a complex and multidimensional concept that includes a wide range of artistic works in India. This covers sound music, theatre, singing, artistic, and cinematograph works. With their exclusive rights, every kind of work provides creators control over the usage and sharing of their creations. Creators, artists, and scientists must know and live by copyright rules to protect their intellectual property and guarantee just payment for their work. Understanding how vital copyright is to encouraging invention, creativity, and economic growth is important.

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Sachin Jaiswal

Sachin Jaiswal B.A.(Hons)! Sachin Jaiswal has been writing material on his own for more than five years. He got his B.A.(Hons) in English from the well-known University of Delhi. His success in this job is due to the fact that he loves writing and making material that is interesting. He has worked with a lot of different clients in many different fields, always giving them high-quality content that their target audience will enjoy. Through his education and work experience, he is able to produce high-quality content that meets his clients' needs.