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Copyright


Copyright under The copyright act 1957:

Literary, dramatic, musical and artistic works

Literary work- Copyright subsists in original literary works and relates to the expression of thought, but the expression need not be original or novel.

  • The work must not be copied from another work but must originate from the author.

  • Two authors independently producing an identical work will be entitled for copyright in their respective works.

  • The emphasis is more on the labor, skill judgment and capital expended in producing the work. It includes tables, compilations and computer programs.

 

Dramatic work- Copyright subsists in original dramatic work and its adaptation.

  • It includes any piece or recitation, choreographic work

  • Entertainment in dumb show

  • The scenic arrangement or acting form of which is fixed in writing otherwise

  • But does not include a cinematograph film.

 

Musical work- Copyright subsists in original musical work and

  •  Includes any combination of melody and harmony, either of them reduced to writing or otherwise graphically produced or reproduced.

  • An original adaptation of a musical work is also entitled to copyright.

  • There is no copyright in a song. A song has its words written by one man and its music by another; is words have a literary copyright, and so has its music. These two copyrights are entirely different and cannot be merged.

  • In cases where the word and music are written by the same person, or where they are owned by the same person, he would own the copyright in the song.

 

Artistic work means

  • 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;

  • An architectural work of art; and any other work of artistic craftsmanship.

  •  The work need not possess any artistic quality but he author must have bestowed skill, judgment and effort upon the work.

  • A poster used in advertisement is an artistic work. But advertisement slogans consisting of a few words only are not copyright matter.

In case of literary, dramatic or musical work, A copyright gives the right to do and authorize the doing of any of the following acts, namely-

  1. to reproduce the work in any material form;

  2. to publish the work;

  3. to perform the work in public;

  4. to produce ,reproduce ,perform or publish any translation of the work;

  5. to make any cinematographic film or a record in respect of work;

  6. to communicate the work by broadcast or to communicate to the public by loud-speaker or any other similar instrument the broadcast of the work;

  7. to make any adaptation of work;

  8. to do in relation to a translation or an adaptation of the work any of the acts specified in relation to the work in clause (i ) to (iv).

In the case of the artistic work, a copyright gives the right to do or authorize the doing of any of the following acts, namely-

  1.  to reproduce the work in any material form;

  2. to publish the work;

  3. to include the work in any cinematography film;

  4. to make any adaptation of work;

  5. to do in relation to an adaptation of the work any of the acts specified in relation to the work in clauses (i) to (iii).



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