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Literature of all kinds whether published or unpublished including oral works and musical notations and lyrics.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
Why Are Drug Patents Important Everything You Need to Know?
Before you ask for the importance of patent in the Pharmaceutical world, let us first learn about Patents. After a song is recorder, the song is approached by various music production companies who would like to rent the copyright of the song for marketing purpose and earn profit from it. And patent is almost similar, […]
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
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
Color Trademarks in the Pharmaceutical Industry
The trademarks are vital part of company goods or service and with help of trademark; the consumers are able to identify the business better. Before deciding the correct trademark option for pharmaceutical industry, it is necessary to check for its existence. If any similar one is already present in the trademark database, it is better […]
Read More
Why Intellectual Property Rights
Intellectual property rights create a situation in which the inventor or the creator enjoys full ownership and rights to commercial exploitation of his creation while everyone else is excluded. The justification is that such a creation, if it has material value, must benefit the creator while preventing others who would otherwise commercially exploit the concept […]
Read More
The Big Push to Reform Music Copyright for the Digital Age
Music creators of the present digital age should be aware of the copyright issues better due to different reasons. Music is made available on different websites, and it is necessary to prevent the increasing problem of infringement. Pertaining to this, a number of bills are proposed in Congress that can enhance royalty payment for the […]
Read More
Trademarking surnames
Having difficult surnames may be challenging to explain others and also when you want to register the name as trademark. As per the trademark and merchandise act of 1958, it is stated that a mark can be refused if one choose a personal name or surname. Though, there is no such clear specification in the […]
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
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
Intellectual Property Rights in the Era of Counterfeit Goods
The industry of counterfeited products has taken shape due to the desire of customers to get hands-on high quality item at reasonable rates. They have great satisfaction in this and this is where the counterfeited goods are made available in the market. Different world markets are full of counterfeited products ranging from cosmetics, electronics, footwear, […]
Read More
X
Download Firm Profile