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Literature of all kinds whether published or unpublished including oral works and musical notations and lyrics.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
Copyright in the Digital World
These days, there is an increased use of smartphones, computers and tablets and multimedia has shown its great influence in our lives. In the digital world, there are several works used by us. Have you thought whose work are we using? Well, none of us have tried to find out the owner of the work […]
Read More
Well Known Trademark And Indian Law
What is well-known trademark? As per new Trade Mark Rules 2017, a new procedure has been created that allows the Registrar to proclaim a particular trademark as “well known”. Section 2(1)(zg) Of The Trademark Act, 1999 states that well- known trademark is a mark which has become well known to the section of the public […]
Read More
3D Printing and IPR
The three-dimensional or 3D printing service is different from the traditional way of manufacturing. In the 3D process, objects are created layer wise to get the desired three dimensional impacts. Since the inception of this latest idea in 1980s, it has gone through several changes in the technology used. This requires use of different production […]
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
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
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
PTAB Should Not Disapprove Claims on the Grounds of Indefiniteness in IPR
Federal Circuit has disapproved of arguments of claims that show any reason other than anticipation pertaining to party procedures. Federal Circuit has rejected the challenge shown by Samsung Electronics America, Inc. The company challenged that PTAB can disapprove claims that are considered indefinite in IPR. Samsung has been charged on the grounds of infringing U.S. […]
Read More
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
Protection Folklores India Intellectual Property Rights
India is a land of diversity when it comes to folk and ethnic culture with hundreds of ethnic, linguistic and religious groups with diverse origins and lifestyles that, over time, intermingled in part and remained untouched in parts over centuries. Perception about folklore differs in India, mainly associated with tribals and simple rural people, rather […]
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
X
Download Firm Profile