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Copyright means the exclusive right to do or authorize others to do certain acts like reproducing, making and issuing of copies, performing in public, communicating to public, adaptation and translation in relation to literary, dramatic, musical, artistic, cinematograph films and sound recordings works. Copyright is the right which the owner of the work has and without his permission copying or reproducing the work in which copyright subsists cannot be done. Copyright law prevents others from taking unfair advantage of a person’s creative efforts involving his judgment, skill, labour, time, and capital in making the original work. The objective of copyright law is to give protection to the creators of original works by rewarding them with the exclusive right for a certain period.
Section 13 of the Act lists out the work, in which copyright subsists. Subject to the provision of this section and the other provisions of this Act, copyright shall subsists throughout India in the following classes of works,
It includes computer programmes, tables, compilations including computer database.
It includes any piece for recitation, choreographic work or entertainment in a dumb show, the scenic arrangement or acting form of which is fixed in writing or otherwise but does not include a cinematograph Film.
Consists of music and includes any graphical notation of such work, but does not include any works or any action intended to be sung, spoken or performed with the music.
It means painting, a sculpture, a drawing, an engraving or a photograph, whether or no any such work possesses artistic quality. A work of ‘architecture’ means any building or structure having an artistic character or design or any model for such building or structure.
Means any work of usual recording on any medium produced through a process from which a moving image may be produced by any means and includes a sound recording accompanying such visual recording and ‘cinematograph’ shall be construed as including any work produced by any process analogous to cinematography including video films.
A recording of sounds from which such sounds may be re-produced regardless of the medium on which such recording is made or method by which the sounds are produced.
In order to qualify for copyright the work, apart from being original, should also satisfy the following conditions (except in the case of foreign works) –
It is the product of the labour, skill and capital of one man which must not be appropriated by another, not the elements, like, the rawmaterials upon which the labour, skill and capital of the author have been expended.
To secure copyright for the product, it is necessary that the labour, skill and capital should be expended sufficiently to impart to the product some quality or character which the raw material did not possess and which differentiates the product from the raw material used.
Literary Quality- A literary work need not be of literary quality. Even so prosaic a work as an index of railway stations or a list of stock exchange quotations qualifies as a literary work if sufficient effort has been expended in compiling it, to give it a new and original character.
In Gleeson v. Denne, it was held that, if one works hard enough, walking down the streets, taking down the names of people who live at houses and makes a street directory as a result of that labour, this has been held to be an exercise sufficient to justify in making claim to copyright in the work which is ultimately produced.
According to Section 13(1)(a), copyright subsists in original dramatic, musical and artistic work. Hence an understanding of the three terms, dramatic, artistic, and musical works is required.
According to Section 2(h), a dramatic work includes any piece of recitation, choreographic work or entertainment in dumb show, the scenic arrangement or acting form of which is fixed in writing or otherwise but does not include a cinematograph film.
An interesting case in Indian Express v. Jagmohan, where the defendant made a stage play & a movie based on the central theme of certain series of articles published by the plaintiff namely purchase of a woman by the name Kanta by a journalist to highlight the flesh trade flourishing in some parts of the country. The article published contained as autobiographical account of the part actually played by the author in the affair. In the film emphasis was on human bondage particularly of Indian women. The court held that stage play on the movie was not an infringement of the copyright in the article.
Copyright is recognized in original musical work under the provisions of Section 13(1)(a). Section 2(p) defines ‘Musical Work’ as a work consisting of music and includes any graphical rotation of such work but does not include any words or any action, intended to be sung, spoken or performed with music.
Adaptation of a musical work is also entitled to copyright protection. Adaptations in common parlance are usually termed as arrangement, e.g., a musical work may be modified by the accompanying orchestra.
In Redwood Music v. Chappel, it was held that if a musical arranger so decorates, develops, transfers to a different medium or otherwise changes the simple music of a popular song so as to make his arrangement fall within the description of an original musical work, such arrangement or adaptation is capable of attracting an independent Copyright.
According to Section 2(c), Artistic work means:
A copyright subsists in a cinematograph film by virtue of Section 13(1)(b). A cinematograph film means any work of visual recording on any medium produced through a process from which a moving image may be produced by any means and includes a sound recording accompanying such visual recording and cinematograph shall be construed as including any work produced by any process analogous to cinematograph including video films.
The sound track associated with the film is a part of the cinematograph film which is the subject of copyright. In Balwinder Singh v. Delhi Administration, and in Tulsidas v. Vasantha Kumari, it was held that video and television are both cinematographic films.
Section 13(3)(a), makes it clear that a copyright will not subsist in a cinematograph film if a substantial part of the film is an infringement of the copyright in any other work.
Copyright subsists in a sound recording. According to Section 2(xx), a sound recording means a recording of sounds from which such sounds may be produced regardless of the medium on which such recording is made or the method by which the sounds are reproduced.
Musical works and sound recording embodying the music are considered separate subject matter for copyright. Copyright in the music vests in the composer and the copyright in the music recorded vests in the producer of the sound recording.