Subject Matter of Copyright
MEANING OF COPYRIGHT
Copyright means the exclusive right to do or authorize others to do certain acts in relation to :
original, literary, dramatic, musical and artistic works,
cinematography film, and
sound recordings.
Thus, copyright is the legal protection extended to the author of the rights in an original work that he can create.
Section 13 of the COPYRIGHT ACT,1957 deals with the subject matter of copyright. According to sec 13(1) – copyright subsists throughout India in the following three classes of works:
a) Original literary, dramatic, musical and artistic works;
b) Cinematograph film; and
c) Sound recording.
2. MEANING OF COPYRIGHT
Copyright means the exclusive right to do or authorize others to do certain
acts in relation to :
(1) original, literary, dramatic, musical and artistic works,
(2) cinematography film, and
(3) sound recordings.
Thus, copyright is the legal protection extended to the author if the rights in an
original work that he can created.
3. SUBJECT-MATTER OF COPYRIGHT
Section 13 of the COPYRIGHT ACT,1957 deals with the subject matter of
copyright. According to sec 13(1) – copyright subsists throughout India in the
following three classes of works:
a) Original literary, dramatic, musical and artistic works;
b) Cinematograph film; and
c) Sound recording.
4. 1.ORIGINAL LITERARY, DRAMATIC,
MUSICAL AND ARTISTIC WORKS
Copyright include original literary, dramatic, musical and artistic works.
1.1 LITERAY WORKS
The term “literary work” states that which is expressed in print or writing. The
expression means not only such work which deals with any particular aspects
of literature in prose and poetry but also indicates a work which is literature,
anything in writing which would be said to come within the ambit of literary
work.
5. 1.2 DRAMATIC WORKS
According to sec 2(h) of The Copyright Act,1957 - “Dramatic work” includes
• any piece for recitation,
• choreographic work, or
• entertainment in dumb show.
And the scenic arrangement or acting, form of which is fixed in writing or otherwise
but does not include a cinematograph film.
Saroj khan
6. 1.3 MUSICAL WORK
Copyright also include original musical work. The term has been defined under
The Copyright Act,1957 under sec2(p). According to that definition musical
work consists of music and includes any graphical notation.
For example – “APNA TIME AAYEGA” This song is written by DIVINE & Ankur
Tewari, thus, lyrics of this song can be protected by copyright under musical
work.
Apna time aayega
Uth ja apni raakh se
Tu udd ja ab talaash mein
Parwaaz dekh parwane ki
Aasman bhi sar uthayega
Aayega apna time
aayega
Mere jaisa shaana lala
Tujhe na mil payega…….
7. 1.4 ARTISTIC WORK
Painting, sculpture, drawing, photograph, work of architecture such as
building or structure or design of any building and work of artistic craftmanship
are within the meaning of artistic work so they can be protected by copyright.
The most famous painting in the world is
Monalisa by Leonardo da Vinci.
8. 2.CINEMATOGRAPH FILM
According to sec 2 (f) “cinematograph film” Means -
• any work of visual recording, 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.
10. 3.SOUND RECORDING
According to sec 2(xxx) “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 produced.
Sound recording covers any recording of literary, dramatic or musical work or
other sounds regardless of any medium, so will include disc, tapes, digital
audio, tape and future technical development.
“APNA TIME AAYEGA” This song is sung by Ranveer Singh.
11. COPYRIGHT SHALL NOT SUBSIST
(a) in any cinematographic film if a substantial part of the film is an
infringement of the copyright in any other work;
(b) in any sound recording made in respect of a literary, dramatic or musical
work, if in making the sound recording, copyright in such work has been
infringed.