Subject Matter of Copyright

1. Original Musical Work: Original musical works involve the composition of music, potentially incorporating graphical notations. Excluded are works intended for singing, speaking, or performing with music. The 2012 Amendment introduced statutory licenses for cover versions, allowing specific adaptations of existing musical works. It’s noteworthy that a song typically comprises both literary and musical elements, with distinct rights possibly owned by different individuals.

2. Original Artistic Work: Original artistic works, as defined in the Copyright Act, include diverse creative expressions such as sculptures, drawings, paintings, and photographs. Unlike other categories, artistic quality is not a prerequisite for copyright protection. Authorship of an artistic work lies with the creator, with specific considerations for works of artistic craftsmanship and architectural creations.

3. Original Dramatic Work: An original dramatic work encompasses various forms, including recitations, choreography, and non-verbal expressions of entertainment. The author of a dramatic work is responsible for crafting characters, plot, and dialogue, whether expressed in written form or other mediums. The principles applicable to literary works extend to dramatic works, highlighting the interrelationships between these categories.

5. Cinematography Films: Cinematography films encompass visual recordings capturing moving images, potentially accompanied by sound recordings. Producers in cinematography are credited with authorship, overseeing the creative and financial aspects of film production. This category extends to works created through processes akin to cinematography, such as video films.

6. Original Literary Work: Original literary works span a wide range of written expressions, including novels, poems, plays, essays, and computer programs. To qualify for copyright protection, a literary work must showcase originality and intellectual effort. The author, responsible for creating the literary work, enjoys exclusive control over both published and unpublished creations.

7. Sound Recordings: Sound recordings involve the recorded representation of sounds that can be reproduced, encompassing music, vocals, or other audio elements. Within copyright, the individual responsible for the recording process is typically acknowledged as the author of the sound recording, highlighting the unique creative aspects of capturing and reproducing audio elements.

The Copyright Act, 1957 established the legal framework for safeguarding original literary, dramatic, musical, and artistic works, as well as cinematographic films and sound recordings in India. The legislation imposes penalties for unauthorized reproduction, distribution, performance, display, or communication of these works and allows for fair dealing exceptions, such as criticism, commentary, news reporting, teaching, research, and private study. Additionally, it permits certain forms of derivative works, like translations, abridgments, and adaptations, fostering intellectual property growth in India and encouraging creativity and innovation. Aligned with major international treaties, including the Universal Copyright Convention, Rome Convention, Berne Convention, and TRIPS Agreement, this landmark legislation remains the cornerstone of India’s modern copyright system, ensuring proper recognition and compensation for creators.

Geeky Takeaways:

• The Copyright Act 1957 protects original dramatic, musical, literary, and artistic works, specifically sound recordings and cinematographic films, in India.
• The Act permits various forms of derivative works, such as translations, abridgments, and adaptations, contributing to the growth of intellectual property in India and fostering creativity and innovation.
• It incorporates fair dealing exceptions, allowing activities like criticism, commentary, news reporting, teaching, research, and private study without infringing on copyright.
• The legislation enforces penalties for unauthorized activities such as reproduction, distribution, performance, display, or communication of these protected works.