An Overview of Copyright

Dec 2022

WIPO defines copyright as the right of creators to ownership of their creations and to make use for commercial or other purposes. Copyright today covers literary creations, printed material, computer programs, data, audiovisual media, dance, paintings and drawings, photographs, sculpture, architecture, ad material, technical drawings and others that are the outcome of intellectual effort.

From covering only literary and artistic works, copyright today encompasses works of music, cinematography, audio, theatre and visuals. Technological innovations have broadened the scope of copyright necessitating amendments to cover technologies such as TV and internet.

In essence, copyright confers on the creator exclusive rights for a limited period to enjoy benefits of his intellectual and physical efforts. The creator has right to claim credit for his work and to grant rights to others to make use of his creation in its original or modified form in return for consideration. Copyright applies to any idea expressed in a substantive and identifiable form and not just the concept.

In earlier times governments applied copyright laws only to print media to give authors protection and right to enjoy fruits of their labour. Such laws are restricted to countries unless there is an international agreement in place. However, with the march of time, most copyright laws have become international in nature and are internationally standardized.

The nominal duration of copyright ranges from 50 to 100 years from the author’s demise when such author is known or for a shorter period when the author is unknown or when the creator is a business organization. Some countries require registration but most countries automatically confer copyright for any completed work. Civil legislation covers copyright with criminal laws applicable in some instances.

In today’s environment copyright laws balance rights of owner with interests of the public.

The scope of copyright laws:

Literature of all kinds whether published or unpublished including oral works and musical notations and lyrics.

  • Artistic works in the form of painting, drawing, etching, lithographs, 3 dimensional creations, computer generated art work, maps, technical drawings, photographs, motion picture or cinematography of all types.
  • Computer software ad programs.
  • Creative arts such as jewellery, wallpaper, furniture, handicrafts

Copyright applies usually to creations aimed at masses communicated through any type of media in any way. Vast in scope, it covers anything and everything produced by intellectual effort.

An incongruity is that copyright protects the outcome of the creative idea but not the idea itself that can be used by others to develop their own creations with their own copyright benefits.

The Universal Declaration of Human rights, article 27 states:

“Everyone has right to freely participate in the cultural life of the community to enjoy the arts and share in scientific advancements and its benefits.” And

“Everyone has the right to protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.”

Trending Blogs
Music Law 101: What Does Copyright Law Protect?
Music Law 101 is all about protecting different musical works along with sound recordings to its original creator. As copyright can be a confusing part, it is better to know what all it protects so that it becomes easy. It is known that each piece of recording has two types of copyrights. First, it protects […]
Read More
Early-Stage Intellectual Property to Raise More Money
What is Artificial Intelligence? Creation of innovative ideas is what matters the most in running a business. People were least bothered to patent the designs. But with increasing use of almost similar ideas in the businesses, it is of great importance to patent the ideas. This shall help in better growth of the business and […]
Read More
Alibaba IPR Report Shows Ideal Brand Protection Program
As per sources, e-commerce giant, Alibaba group has successfully gained success using intellectual property rights-protection. The giant has been able to offer quality service due to well integration of the latest technological improvements coupled with partnerships with top-rated brands. Also, external stakeholders assisted the giant in offering quality service to proactively monitor, go through rights-holders […]
Read More
Patents – An Important Tool for Pharmaceutical Industry
For suitable protection of medical inventions, patents are the perfect option. This would also safeguard medical discoveries that are research-based and it is done by most of the pharmaceutical companies. In return for the protection offered by the patent, it can disclose the research used in coming up with the medical innovation in the pharmaceutical […]
Read More
Lack of Music Publishing Knowledge Robbing Indian Artists of their Rights
In India there has been a lack of knowledge regarding publishing music. It can be said that a large part of publishing an art for is still unexplored. It is not about the common people but the artists and the music companies are oblivious towards it. At the initial stage due to lack of knowledge […]
Read More
An Overview of Copyright
WIPO defines copyright as the right of creators to ownership of their creations and to make use for commercial or other purposes. Copyright today covers literary creations, printed material, computer programs, data, audiovisual media, dance, paintings and drawings, photographs, sculpture, architecture, ad material, technical drawings and others that are the outcome of intellectual effort. From […]
Read More
Fluid Trademarks
Fluid mark is often thought of as a conventional mark which can be converted to a living form with some specific representation. In other words, fluid trademark is a modern method of branding that shall help achieve success easily in this digital era. As per the name, the mark tends to change with time. This […]
Read More
Breaking News: Toyota Loses Trademark Battle over Prius at Indian Supreme Court
The plaintiff, in this case, is Toyota Jidosha Kabushiki Kaisha and they seek to prevent the defendant, a spare parts supplier by the name M/S Prius Auto Industries Limited, from the usage of the trademarks- “Toyota”, “Innova”, and “Prius”. According to the finding of the court, two of the three trademarks mentioned, namely Toyota and […]
Read More
Why Is Protection of Geographical Indication or Designation of Origin Essential?
Having knowing regarding geographical indication along with designation of origin is something that is of great need these days. Geographical indication or GI indicates a symbol, name or sign relating to a product that corresponds to a definite geographical origin, product’s features, qualities that are due from the origin. To make a sign work as […]
Read More
Can Religious Symbols Be Registered As Trademarks?
Are you planning to register religious symbols as trademarks? Well, you should research thoroughly to understand the use of religious symbols as trademarks. You have to consider the sentiments of people before you plan to use regions symbol for your business. India being a secular country encourages different citizen follows different religions, practicing it and […]
Read More
X
Download Firm Profile