Section 13 of the Copyright Act provides that copyright shall subsist throughout India in certain classes of works. Enumerate this section with examples.
CS Professional · Intellectual Property Rights - Laws and Practices · PYQS · December 2022
Section 13 of the Copyright Act provides that copyright shall subsist throughout India in certain classes of works. Enumerate this section with examples.
Answer & Explanation:
Section 13 of the Copyright Act, 1957, provides that copyright shall subsist throughout India in the following classes of works: 1. Original literary, dramatic, musical and artistic works: Literary works: This includes books, articles, computer programs, tables, compilations, and databases. The word 'original' does not mean that the work must be the expression of original or inventive thought, but that it should originate from the author and not be copied from another work. For example, a novel written by an author, a research paper, or a software code. Dramatic works: This includes any piece for recitation, choreographic work or entertainment in dumb show, a scenario or script for a cinematograph film, and the acting form of which is fixed in writing or otherwise. For example, a play script, a screenplay, or a dance choreography. Musical works: This means a work consisting of music and includes any graphical notation of such work but does not include any words or any action intended to be sung, spoken or performed with the music. A musical work need not be written down to enjoy copyright protection. For example, a musical composition, a symphony, or a jingle. Artistic works: Section 2(c) defines "artistic work" as: A painting, a sculpture, a drawing (including a diagram, map, chart or plan), an engraving or a photograph, whether or not any such work possesses artistic quality. A work of architecture. Any other work of artistic craftsmanship. The work need not possess high quality of art but must be an original expression of thought, resulting from the application of skill and judgment. For example, a painting, a sculpture, an architectural design, or a photograph. In Marico Ltd vs. Mrs. Jagit Kaur , the Delhi High Court held that the respondent's label "NIHAL UTTAM" was a substantial reproduction and colorable imitation of the appellant's "NIHAR COCONUT OIL", thus not an original artistic work. 2. Cinematograph films: This means any work of visual recording on any medium produced through a process from which a moving image may be produced by any means and includes a sound recording accompanying such visual recording. "Cinematograph" shall be construed as including any work produced by any process analogous to cinematography, including video films. For example, a feature film, a documentary, or a television series. In Entertaining Enterprises & Others v. State of Tamil Nadu & another AIR 1984 Mad. 278 , it was held that the expression "cinematograph film" includes video film. 3. Sound recordings: This means a recording of sounds from which sounds may be produced regardless of the medium on which such recording is made or the method by which the sounds are produced. A phonogram and a CDROM are sound recordings. For example, a song recording, an audiobook, or a podcast. The key requirement for copyright protection in these works is 'originality'. This originality pertains to the expression of thought, not necessarily the idea itself. The work must originate from the author and not be a copy of another work. As held in Macmillan and Company Limited v. K. and J. Cooper, AIR 1924 PC 75 , 'original' means that the work is not copied from another, but originates from the author.
Topics: Copyright Act, 1957
Related Questions in this Topic
- The plaintiff, Radio Today Broadcasting Ltd. (RTB), wished to run a radio station on the FM band, known as "Radio Today"...
- The plaintiff, Radio Today Broadcasting Ltd. (RTB), wished to run a radio station on the FM band, known as "Radio Today"...
- The plaintiff, Radio Today Broadcasting Ltd. (RTB), wished to run a radio station on the FM band, known as "Radio Today"...
- The plaintiff, Radio Today Broadcasting Ltd. (RTB), wished to run a radio station on the FM band, known as "Radio Today"...
- If any person working for the benefit of person with disability on a profit basis or for business can apply Copyright Bo...