Copyrights are exclusive privileges granted to creators in art, literature and musical and performing arts. The rights or privileges are owned by the creators in various fields of literature and fine arts etc. They include rights in artistic works and producers of cinematographic films and sound recordings. It refers to protection offered by the law to the author of an original authorship work such as literary, artistic, dramatic, musical as well as other intellectual works. Copyright protection is granted to unpublished and published works.
As an owner of Copyright, you have the exclusive right of doing, or giving others the authority of doing one of more of the following;
- Reproducing your work in the form of phone records or copies. – The Copyright owner will have rights to reproduce the Copyright in any manner.
- Publicly performing the work through digital audio transmission.
- Preparing derivative works with a basis on your work.
- Publicly displaying your work, if it is literary, choreographic, musical, or dramatic works, pantomimes, motion pictures as well as other audio-visual works.
- Distributing phone records or copies of your work to the general public by selling, lending, renting, or leasing out.
At Bizrights IP the in-house team of experts will help you understand if your work of authorship is registrable.
Copyright provides protection for original authorship works fixed in a form of expression that can be physically touched. The fixation does not necessarily have to be perceptible, provided that it can be communicated using a device or machine.
The following are types of authorship works that can be protected by Copyright:
- Literary works
- Architectural works
- Musical works
- Sound recordings
- Dramatic works and any accompanying music
- Pantomimes an choreographic works
- Audio visual works such as motion pictures
- Pictorial, sculptural, and graphic works
- Public Performing Right
- Digital Performance Right
- Public Performance License
- Synchronization License
- Reproduction Right
- Mechanical License
There are certain categories of materials that are ineligible for Copyright protection. They include:
- Works that are unavailable in forms of expression that can be physically touched, such as unrecorded or un-notated choreographic works, as well as unrecorded or unwritten performances or improvisational speeches.
- Works comprising of information which is common property, and the information does not have an original author. Examples include: standard calendars, tape measures, and weight and height charts.
- Titles, slogans, names and short phrases; simple listings of contents or ingredients; familiar Designs or symbols and simple variations of typographical colourings, ornamentation or lettering.
- Ideas, devices, procedures, discoveries, methods, principles, systems, concepts or systems as made distinct from a description, illustration, or explanation.
REQUIREMENTS FOR COPYRIGHT IN INDIA
Protection for unpublished works can be granted to any author, regardless of their nationality or where the author is domiciled.
In India, published works can be granted Copyright protection if the following requirements are met:
- When the work is published for the first time, the author is a legitimate domiciliary or national of India or the author is a national, sovereign authority or legitimate domiciliary of a country that has a treaty with India.
- The work falls within the scope of a proclamation made by the president.
- When the work is published for the first time, publication is done in India or in any other foreign country that has a treaty with India.
- The works is published for the first time by the UN or any of the United Nation’s specialized agencies.
- The works is graphic or pictorial in nature, and is incorporated in a structure or building, or is architectural in nature and is incorporated in a structure or building, and the structure or building is found in India.
Before you file an application for Copyright protection, consider seeking the help of Bizrights IP. We are experts in matters concerning Copyright protection as well as other matters regarding intellectual property.