Scope of Copyright Protection in India | Unilex

Copyright Protection in India

Before understanding the scope of copyright, first you should know what does actually copyright mean. A copyright refers to the right to copy, which means that the right only creator/owner has with respect to his/her original work. With a right to reproduce, distribute, displayed, or transferred to another person. Without taking the permission of an author, no one has a right to play with intellectual property. Section 14 of the Copyright act, 1957 defines the rights of the owner which he gets under the Copyright protection.

Copyright is a form of protection for the creators who produce original work. But does not protect the facts, ideas, systems, methods, or methods of operations. Individuals often confuse copyright, patent, and trademark. A copyright protects the original works of authors. A patent protects innovation and new discoveries. And trademark protects symbols, phrases, or designs.

Ownership of Copyright
The owner of the copyright means the person having all the rights under copyright. The creator of the work can be joint authors. To meet the joint authorship copyright has to prove that:-
(a) in what part of expression author implemented his work
(b) the contribution must be the original nature of the work
(c) Contribution, but, not be equal, but make a balance
(d) the contribution to the work must be equal.
Ownership rights get divided, if there are co-authors in the copyrighted work. Examples of co-authorship and collaboration are co-writer, illustrators, ghostwriters, etc.

Responsibilities of Co-authors
•    Each co-author will own equal rights and duties. Furthermore, they will own an equal ownership share of work.
•    Each co-author has a responsibility to acknowledge to the other author about the profit that comes from the published work.
•    Each co-author gets equal credibility from the published work.
•    Any co-author, without taking concern from the other co-author, may not have a right to share the work with third parties. Yet, he has a right to assign his work to a third party without taking permission to author co-author.

Scope of rights conferred to the author
1. Literary works
2. musical works,
3. theatrical works,
4. creative works,
5. sound recordings,
6. and cinematographic films
are all protected by the Copyright Act under section 13 of the Copyright Act of 1957. As against patents, copyright safeguards expressions rather than ideas.

Rights granted to copyright holders:-
Generally, copyright protection gives exclusive rights to ;
•    Reproduce the work.
•    Prepare derivative works based on the work.
•    Distribute copies of the work.
•    displayed the work.
•    Perform the work through websites, blogs, and other digital media platforms.

Limits on copyright protection:
The following limitations are there in copyright protection:
•    It enables individuals to use the author’s work for education, library, and other literature purposes. No copyright infringement action will lie against any educational purpose.
•    The materials that do not fall under the category of copyright such as the title of a matter, names, common facts, and ideas.
•    Some work in the public domain is not protected.

Nature of copyright protection
•    Copyright is an unregistered right, which subsists to the owner as soon as it gets created.
•    The work protected need to be new and original. The work is not copied from other resources but is because of efforts by the creator of the work.
•   Techniques, strategies for activity, and scientific ideas are not entitled to copyright protection. 

COPYRIGHT PROTECTION is a crucial thing for an author or any original work creator. It protects their work from third parties infringements. Maintaining the originality until the end date of copyright protection.  It encourages writers, photographers, and lyricists to create unique work to impress audiences. Ensuring the copyright holder releases work without worry about infringements.

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