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Categories of Protected Work


Categories of Protected Work
Categories of Protected Work

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Different Categories of Protected Works


Classification of Protected Works

According to section 13(1) of the Act, protected works may be classified under the following three headings:


  • Original literary, dramatic, musical, and artistic works


  • Cinematograph films


  • Sound recordings

 
 

Conditions for Copyright Grant

The conditions subject to which copyright is granted under section 13 are:


  • For published works: The work is first published in India, or if first published outside India, the author is, at the date of publication, a citizen of India.


  • For unpublished works (excluding works of architecture): The author is, at the date of making such work, a citizen of India or domiciled in India.


  • For works of architecture: If the work is located in India.


These conditions, however, do not apply to works covered by sections 40 and 41 of the Copyright Act, 1957.



Originality Requirement

The term 'original' means that the expression of a thought or idea should be original, but there's no requirement that the thought or idea itself must be novel or unique. Copyright lies in the manner in which a word is written, not in the word itself. The Act necessitates that the work must originate from the author and not be copied from another work.



Doctrine of Modicum of Creativity

To secure copyright, a minimum level of creativity is required. The labour, skill, and capital expended should impart some quality or character to the product that differentiates it from the original material.




Specific Categories of Protected Works


Literary Work

The Act defines 'literary work' inclusively, encompassing computer programs, tables, compilations, and computer databases.



Dramatic Work

Defined under the Act as any piece for recitation, choreographic work, or entertainment in a dumb show, with a fixed form in writing or otherwise. Excludes cinematograph films.



Musical Work

Consisting of music and any graphical notation thereof. Excludes words or actions intended to be sung, spoken, or performed with the music. Musical works and sound recordings embodying the music enjoy separate copyright.



Artistic Work

Defined as any work of artistic craftsmanship, including painting, sculpture, drawing, engraving, photograph, and architecture. Copyright in architecture extends only to its artistic character and design.



Cinematograph Film

Any work of visual recording produced through a process allowing moving images to be produced, including accompanying sound recordings. The term also includes works produced by processes analogous to cinematography.



Sound Recording

A recording of sounds from which sounds may be produced, regardless of the medium or method of production. Copyright in a sound recording is separate from the subject matter of the recording, each entitled to its own independent copyright.

 
 


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