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Literature of all kinds whether published or unpublished including oral works and musical notations and lyrics.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
US and India to join hands on the grounds of Intellectual Property Rights
After US President Donald Trump’s visit in India from February 24 to 25th February, India and the US have opted for an agreement relating to intellectual property rights or IPR. As a result of this, the cabinet sanctioned MoU with the US pertaining to IPRs, relevant to information and broadcasting as has been stated by […]
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
Celebrity Rights – Public, Private or Intellectual Property
Celebrity lives are mostly public these days through different sources but they too want to maintain certain privacy. This has triggered the need to maintain celebrity rights on different properties. There are several company options that are selling products with celebrity faces from bags to soaps to cosmetics to many others. It requires suitable celebrity […]
Read More
Delhi HC’s Ex Parte Order in Coca-Cola Company & Anr vs Glacier Water Industries Ltd.
This is a case of a Delhi High court ex parte proceeding concerning trademark dilution. The plaintiff filed a suit seeking a permanent injunction, damages and to restrain them from passing off their products as that of the plaintiff. The plaintiff also pleaded the court to restrain the defendants from using the mark ‘KINLEY’ and […]
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
Blockchain Technology: Is it Building a Brighter Future
What is Blockchain Technology? The Blockchain is an incorruptible digital ledger of transactions that can be programmed to record virtually everything of value. So a blockchain is a continuously growing list of records called blocks, which are linked and secured. It protects the identities of the users. Although transactions on the blockchain are not completely […]
Read More
Copyrights of Music in India
Music is an art more specifically an intangible form of art. Copyrighting a song or a melody protects the basic right of the creator. The copyright also assist the creator financially. In order to ask for copyright the creator needs to file a registration. Once the creator gains the copyright, any infringement to the copyrighted […]
Read More
Need for Kashmiri Saffron to get the GI tag
The Kashmiri Saffron has been given geographical indication tag recently from Lieutenant Governor G C Murmu. The acquiring of GI tag is a step ahead in bringing the brand among the list of top ones. The tag has been given for the saffron grown in Kashmir. In this regard, it can be said that the […]
Read More
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
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
X
Download Firm Profile