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What types of works are eligible for copyright protection in India?

09-Feb-2025
Trademark & Copyright

Answer By law4u team

In India, copyright protection is available for original works of authorship that are fixed in a tangible form. According to the Copyright Act, 1957, the following types of works are eligible for copyright protection: 1. Literary Works This includes novels, poems, articles, plays, manuals, computer programs, and other written or typed works. The work must be original and expressed in writing or similar forms. 2. Dramatic Works This includes works related to plays, dances, or other works involving acting. It includes both the script and any associated musical or choreographed performance. 3. Musical Works This includes compositions with or without lyrics. Music compositions, whether written or notated, are eligible for copyright protection, including instrumental and vocal music. 4. Artistic Works This includes paintings, drawings, sculptures, photographs, architectural works, works of craftsmanship, and other works of visual art. It also includes the design of maps and technical drawings. 5. Cinematograph Films Works in the form of movies, films, documentaries, and any other work created through a series of recorded images intended for projection on a screen are eligible for copyright. 6. Sound Recordings This includes recordings of sounds, such as music, radio broadcasts, or any other sound or combination of sounds, fixed on a medium like tape, disk, or any other similar format. 7. Computer Software Computer programs or software are protected under copyright as literary works. This includes source code, object code, and any documentation or design related to the software. 8. Architectural Works This includes the design of buildings, structures, and other architectural works. The protection applies to both the aesthetic and technical elements of the work. 9. Databases If a database is created with original content or arrangement, it may be protected under copyright as a literary work. However, the mere collection of data without any original expression is not eligible for protection. 10. Choreographic Works Original choreographed dances and movements can be protected under copyright, provided they are notated or recorded in some form. 11. Broadcasts Protection is available for radio and television broadcasts, including the content and the manner in which the broadcasts are transmitted. 12. Architectural Plans and Designs Original designs for buildings, structures, and construction layouts are eligible for copyright protection, subject to meeting the necessary criteria of originality. 13. Works of Applied Art This includes industrial designs, fabric designs, jewelry designs, and other items where artistic elements are incorporated into functional objects. 14. Translations and Adaptations Translating literary works, or adapting them into different forms (like adapting a book into a movie), may also qualify for copyright protection. However, the original work still holds the copyright. 15. Other Works Other types of works such as advertisements, typographical arrangements, and other original creations that involve some degree of intellectual effort or creativity may also qualify for protection. Key Criteria for Copyright Protection The work must be original and a result of creative effort. The work must be fixed in a tangible medium, such as being written down, recorded, or otherwise made permanent. Exclusions from Copyright Certain works are not eligible for copyright protection, including: Ideas, procedures, methods, and systems. Government works published by the Indian government or public sector undertakings (subject to certain conditions). Titles, names, and short phrases (such as slogans or catchphrases). In summary, works that involve original creation in literary, artistic, musical, dramatic, and other forms are eligible for copyright protection under Indian law, as long as they meet the criteria of originality and fixation.

Answer By Anik

Dear Client, Copyright protection under the Copyright Act, 1957, is given to any original work created by someone as soon as the work is created and is preserved in a physical or digital form. There is no need to register for copyright protection, since it exists automatically, but registration may act as proof later. These are the types of works that are eligible for copyright protection in India: 1. Literary Works: These include any work of literature, such as – books, articles, research papers, poems, and even computer software or programs. 2. Dramatic Works: These include works like plays, scripts, choreography. 3. Musical Works: These include songs, melodies, compositions, but not including the lyrics separately. 4. Artistic Works: These include paintings, drawings, photographs, logos, designs, etc. 5. Any cinematograph films, video content, or animations. 6. Any sound recordings like recorded music, audio tracks, or podcasts. However, there are certain conditions that must be fulfilled to obtain copyright protection for these works. The conditions are that the work must be original in every sense and not copied from something that already exists, and it must be expressed or recorded, since a mere idea cannot be copyrighted. I hope this answer helps. For any further queries, please do not hesitate to contact us. Thank you.

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