This article has been written by Mr. Arjun Singh Tamang, a 2nd year student of Faculty of Law, University of Delhi.

Intellectual Property grants a legal right to the person for their creative and original work. Intellectual Property Rights is an intangible asset which gives the creator an exclusive right over the piece of work or Inventions. It is created by the creative or intellectual mind of a human being. There are numerous sorts of laws pertaining to intellectual property, including copyright, trademark, industrial parent, and patent law. The laws governing intellectual property have several fundamental principles.

Intellectual Property Rights has several branches and Copyright is one of them. The concept of originality, reproduction of the work, etc., is the foundation of copyright law. It is written to avoid replication of already-existing tangible artistic and literary works. The purpose of copyright law is to safeguard authors and artists against unauthorized and illegal reproduction of their creative and intellectual works.

The foundation of copyright is based on the doctrine of unjust enrichment, which states that it is illegal to benefit from someone else’s skilled and original labor.

Copyright grants exclusive rights to the creator of anything unique in the arts and humanities. It inspires writers, composers, and artists to produce more stunning and original works of art. Copyright helps in preserving works like dramas, literature, music and sculpture. 

What is Copyright Protection?

Copyright protection means once it is registered it protects the piece of work for sixty years after the creators or authors death. In order to receive full protection under the Copyright Act, it is crucial to register your copyright. The copyright notice displayed on a work that has been granted copyright includes the copyright symbol © (Mechanical license India). This warning serves to deter infringers. In Super Cassettes Industries Limited vs. YouTube and Google (2013) the plaintiff alleged that defendant has used a business model and made profits by using work of plaintiff without their permission. They haven’t taken approval and didn’t even pay royalties to the plaintiff. The court held that the defendant should stop broadcasting, distributing or transmitting the plaintiff work on which they have exclusive rights.

Why is it important to register the copyright?

When a creator creates something creative and innovative, he wants that it should not be replicated, translated, adapted in any form without his knowledge or approval. Now this is where registration of Copyright comes in picture. Registered copyright gives rights such as:

1. Right to sell, rent or distribute original piece of work.

2. It helps in communicating to the public about the ownership.

3. It gives creator the right to publish his original piece of work in both medium online and offline. 

4. Most importantly it discourages other person from copying, broadcasting, translating creator’s work without his prior permission. 

5. Registered copyright gives creator a right to file a suit for copyright infringement against infringers.

6. Only those who have got prior permission can use the creator’s work.

What kind of works can get copyright registration?

Just like any other intellectual property rights, a copyright also grants a limited number of works the privilege or protection. According to Section 13 of Chapter III, following work gets protection under Indian Copyright Act 1957.

1. Literature works

2. Musical works

3. Dramatic works

4. Architectural works

5. Sound recordings 

6. Artistic works

7. Cinematographic works

8. Computer program and software

Conditions for Grant of Copyright 

Before granting a copyright to the person claiming the works to be his own original and created by his own imagination and creativity, there are certain conditions to be fulfilled for Grant of Copyright.

1. Fixation or Tangibility

Copyright registration is granted to a creator who has fixed his ideas in some tangible form of expression. It basically means that mere ideas, concepts or thoughts are not eligible for copyright protection. The ideas, concepts need to be fixed in tangible medium. It applies to draft as well as complete works and also to published or unpublished work.

2. Originality 

Copyright is granted to a piece of work which fulfill the essential feature of originality. The ideas, thoughts or concepts should be original meaning by it should not be a plagiarized work. Originality must not be confused with uniqueness or great quality. Even if the quality of work is not that great, it can still be a subject of copyright protection. Work created independently is subject to individual copyright protection. All that matter is it should be original and not borrowed one. 

Case law examining the test of originality

In YRF Pvt Ltd vs. Sri Sai Ganesh Productions & Ors.

The plaintiff filed a suit against the defendant on the ground that they have copied their movie “Band Baaja Baraat” and produced a movie using the similar substance and concepts using similar theme, plot, characters, storyline and script name as “Jabardast”. The court examined and extended the test of originality in this suit and finally held that the defendants have replicated the plaintiff movie’s essential and fundamental features which resulted in copyright infringement.

Ratna Sagar (P) Ltd. V. Trisea Publications & Ors (1996)

In this case the petitioner was a publisher of book “Living Science” which is a children book and the respondent published a book named “Unique Science”. The petition alleged that the contents, information in the book is very similar to his book and therefore it is deceptively similar. The court found the respondent guilty of copyright infringement and imposed perpetual injunction.

3. Creativity 

In order to get copyright protection, the work of the creator should be creative. It should be meaningful and give purpose at the end. For example- mere scribbling pictures may not be subject to copyright protection but a compilation of pictures forming book or manga is subject to copyright protection.

4. Miscellaneous Criteria for copyright protection:

(a) The creator’s original work piece should not have been published beforehand means it should not be in public domain.

(b) In case of the author of a work has passed, he should hold citizenship of India at that time.

(c) In case the work is published in India, during the publication the author must be a citizen of India.

Cases when copyright protection is not granted 

1. When works are not physically fixed and it is just vague and random ideas.

2. Titles, names, abbreviated phrases, slogans, techniques, factual data, symbols, or designs may, nonetheless, be protected to some extent by trademark law.

3. Ideas or concepts, methods, techniques, plans, principles, discoveries, and instructions – in these circumstances, however, patent or trade secret law may be able to protect these works.

4. Copyright law does not apply to works that are already in the public domain and whose original authorship cannot be identified.

5. Operates with a license that has already.

Conclusion

Copyrights are crucial for encouraging creativity, which creates a vibrant society. Therefore, a country cannot have very rigid copyright laws otherwise it would hamper imagination and development of nation. Registering your copyright is not mandatory. The benefits of registering your copyright, however, may be numerous. Although not in explicit and plain words, these online copyright issues are properly safeguarded. Existing law is frequently interpreted so that every part of copyright is appropriately covered in order to meet the ever-increasing challenges given by the changing conditions and the most recent technologies. The judiciary should play a vigorous role in the protection of property rights, including copyright, until the nation has such a solid and reliable legal foundation. However, things are not as bad as they appear, and the current program can still effectively address any copyright infringement-related problems.

References 

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