Copyright registration essentially grants individuals the right to reproduce original creative works. Copyright in India is a vital component of Intellectual Property Rights, encompassing a suite of exclusive rights granted to creative individuals. Often regarded as the ‘Right to Copy,’ it forms the bedrock of protection for creators in fields like music, literature, and film. This introduction offers a glimpse into the multifaceted world of copyright, where unauthorized use constitutes Copyright Infringement under India’s Copyright Act of 1957. Understanding this legal framework is crucial as it spans various creative domains, each with its own set of associated copyrights.
Hence, it becomes imperative to grasp the concepts of these different copyright categories. Armed with this knowledge, individuals can proceed with the registration of their copyright in India. In this blog, we shall see the types of copyright in India.
Understanding the Concept of Copyright in India
Copyright, a kind of Intellectual Property Rights, includes a range of rights. These include the capacity to modify, reproduce, and convey creative works to the public. These rights are bestowed upon those who’ve showed inventiveness in domains like music, film, literature, and other pioneering fields. Essentially, copyright is the ‘Right to Copy,’ but this privilege is the exclusive domain of the original creator.
When an individual employs the work of an original creator without their permission, it constitutes a Copyright Infringement. It’s worth noting that the Copyright Act of India provides diverse types of creative works for which the right can be claimed.
Types of Copyright in India
The different types of copyright in India have been explained below for better understanding. These are:
1. Literary Works
Among the types of copyright in India, literary works encompass original creations of literature, irrespective of their literary merit, style, or quality. This category includes scripts, novels, biographies, theses, technical books, and computer programs. Copyright for literary works provides exclusive rights, including:
- Making variations of the work
- Public performance of the work (Copyright Public Performance)
- Distributing to the public, copies of work
- Reproducing the work (Copyright Reproduction Rights)
- Translating the work.
2. Dramatic Works
Second among the types of copyright in India, are dramatic works, a subcategory of literary works, which pertain to any preparation for a play, show entertainment, drama, choreography, or fixed writing work intended for performance. Notably, cinematographic films are excluded from this category. The copyright under dramatic works provides exclusive rights, such as:
- Making variations of the work
- Reproducing the work
- Making the work accessible to the public
- Including the work in any cinematographic film.
3. Musical Works
Musical works, distinct from lyrics or sound recordings, are copyrightable. To protect musical works, a separate application must be submitted to the Copyright Office. Musical works do not require written notation for copyright protection. Copyright for musical works provides exclusive rights, including:
- Reproducing the musical work
- Making the work available to the public
- Creating variations of the work
- Public performance of the musical work
- Distributing to the public, copies of work
- Making sound recordings or cinematographic films related to the musical work.
4. Artistic Works
Artistic works, protected under the Copyright Act of 1957, is yet another one of types of copyright in India and it encompasses various forms of original artwork, including paintings, photography, buildings, diagrams, cartoons, molds, plans, etchings, cast for sculptures, graphics, and drawings, among others. The copyright under artistic works provides exclusive rights, such as:
- Issuing copies of the work to the public
- Including the artistic work in cinematographic films
- Making adaptations to the work
- Reproducing the work
- Communicating the artistic work to the public.
5. Cinematograph Films
Cinematograph films encompass recorded works featuring moving images and visuals. This category includes all visual recordings with sound recordings, regardless of the process used for their creation, analog or digital. Copyright for cinematograph films provides exclusive rights, including:
- Renting, selling, or offering copies of the film
- Distributing the cinematograph film to the public
- Creating copies or variations of the film.
6. Sound Recording
The last of the types of copyright in India are sound recordings, which include recordings in any form of storage medium, such as songs with or without music, podcasts, or recorded audio. Sound recordings also encompass music, necessitating permission from the music’s creator for copyright protection. Copyright for sound recordings provides exclusive rights, including:
- Offering the sale or rental of copies of the sound recording
- Broadcasting the sound recordings to the general public
- Creating other sound recordings that represent it.
The Copyrights Act in India offers comprehensive protection for various types of copyright in India ensuring that creators’ rights are safeguarded and creativity is encouraged across diverse artistic and intellectual domains.
Protection of Foreign Works by Copyright in India
Other than the different types of copyright in India, copyright protection also extends to foreign works, ensuring the safeguarding of intellectual property rights for creators from other countries. This protection is primarily granted to residents of countries that are signatories to international copyright agreements. Mentioned below is how foreign works are protected by copyright in India:
1. International Copyright Agreements
Foreign works are protected in India through various international copyright agreements, including:
- Universal Copyright Convention (UCC)
India is a member of the Universal Copyright Convention. Under this convention, copyright protection is extended to the works of foreign nationals from UCC member countries. This protection is reciprocal, meaning Indian works also receive copyright protection in those member countries.
- Berne Convention for the Protection of Literary and Artistic Works
India is a signatory to the Berne Convention, which ensures that creators from Berne Convention member countries have their intellectual property rights safeguarded in India.
- TRIPS Agreement
TRIPS establishes minimum standards for copyright protection, benefiting foreign creators whose works are distributed in India.
2. International Copyright Order
In India, the protection of copyright for foreign nationals is facilitated through the International Copyright Order. Under this order, foreign works are treated as Indian works but the validity of such copyright protection remains only within the borders of India.
3. Reciprocal Protection
The concept of reciprocal protection is fundamental to international copyright agreements. When India extends copyright protection to foreign works, it does so on the condition that these foreign nations also provide similar protection to Indian works within their borders. This reciprocity ensures a fair exchange of copyright privileges.
4. Global Copyright Conventions
India is also a party to several other international conventions related to copyright which includes:
- Multilateral Convention for the Avoidance of Double Taxation of Copyright Royalties
- Convention for the Protection of Producers of Phonograms against Unauthorised Duplication of their Phonograms
Final Thoughts
The extensive types of copyright in India eligible for copyright protection brings security and protection to the minds of creators and inventors. It assures them that their works are safeguarded, which, in turn, strengthens their motivation and productivity.
Copyright protection is important for artists, authors, musicians, and filmmakers. Also, India’s participation in international copyright agreements ensures reciprocal protection for foreign works and fosters a global environment where intellectual property rights are upheld. By understanding and respecting these copyright provisions, India continues to encourage creativity while safeguarding the rights of creators.
