INTRODUCTION

Copyright law, as the name implies, is a straightforward legislation that states that if you create anything, you own it and you alone have the authority to decide what happens to it. In India, copyright law is controlled by the Copyright Act of 1957. The goal of this copyright law is primarily twofold: first, to assure authors, composers, artists, designers, and other creative people who risk their capital in presenting their works to the public, of the right to their original expression; and second, to encourage others to freely build upon the ideas and information conveyed by a work.

Historical development in India

The first copyright legislation in India was adopted by the British during the era of the East India Company, and it was known as the Indian Copyright Act, 1847, and it was passed to enforce the principles of English copyright in India. Following that, the Copyright Act 1911 abolished, superseded, and applied to all British territories, including India. It was further updated in 1914 by the Indian Copyright Act, 1914, which remained in force in India until it was repealed by the Copyright Act, 1957 by the parliament of sovereign India.

Subject matter of copyright

All subject things covered by copyright are referred to as “works.” Thus, according to Section 13 of the Copyright Act of 1957, it may be liable to prosecution for the following works:

• Original Literary Work, 
• Original Dramatic work,
• Original Musical work,  
• Original Artistic Work,
• Cinematography films, and
• Sound recordings.

Original Literary Work

It is a product of the human intellect that may consist of a succession of verbal or numerical statements, not necessarily of artistic worth, capable of being put in writing, and arrived at via the application of considerable autonomous talent, creative work, or judgement. The Copyright Act of 1957 gives a wide definition of literary work, which includes computer programming, tablets, and compilations, including computer databases.

Original Dramatic Work

The dramatic work, according to the Copyright Act of 1957, covers any composition for recitation, choreographic work, or amusement in dumb shows, the scenic arrangement, or acting form that is established in writing or otherwise, but does not include a cinematographic film. Because the term is broad, additional items that fit under the broader sense of dramatic work may also be encompassed by the definition.

Original Musical Work

According to the Copyright Act of 1957, a musical work is any work consisting of music and includes any graphical representation of such work, but it does not contain any words or actions intended to be sung, spoken, or performed in conjunction with the music. A musical piece must be original in order to be protected by copyright.

Original Artistic Work

The Copyright Act of 1957 defines an artistic work as any painting, sculpture, drawing, engraving, photograph, or other work with aesthetic elements. It does, however, encompass the architecture and aesthetic workmanship that goes into such creations.

Cinematographic Films

According to the Copyright Act of 1957, cinematographic films include any work of visual recording and a sound recording accompanying such visual recording, and the term “cinematograph” shall be interpreted to include any work produced by any process analogous to cinematographic, including video films.

Sound Recording

The Copyright Act of 1957 defines sound recording as “a recording of sounds from which such sound may be created independently of the medium on which such recording is made or the manner by which the sounds are produced.”

Clause (a) of Section 13 defines original work, but clauses (b) and (c) protect by-product works. This Section states that copyright is subject to the requirements of the aforementioned Section, and therefore the various sections of the Act do not exist de-hora and beyond the scope of the Act, it is a right formed under the legislation, and no right outside the aforementioned Act is claimed.

CONCLUSION

The copyright law is regarded as an important legislation of protection for a country since it strengthens the country’s national cultural heritage. However, the greater the amount of protection afforded to literary, theatrical, musical, or creative activity in any nation, the greater the quantity of clever creations, and therefore the greater its reputation. In the end, we may claim that it is the essential prerequisite for economic, cultural, and social progress.

REFERENCES

• http://copyright.gov.in/Documents/CopyrightRules1957.pdf
• http://www.legalserviceindia.com/articles/copy_owner.htm
• https://copyright.gov.in/Exceptions.aspx

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

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In the year 2021, we wrote about 1000 Inspirational Women In India, in the year 2022, we would be featuring 5000 Start Up Stories.