Copyright

www.getacoder.comwww.copyrightfrance.com

animation-station.photoimpact-international.com

A Product of Creativity in Bloom Elexis Jones
2011

It is a legal right (i.e. created by the law of a country)
ncmbts.blogspot.com

 Grants the creator of an original work exclusive
rights to its use and distribution.
home.snafu.de

Usually for a limited time.
www.wired.com

Usually for a limited time.
With the intention of enabling the creator to receive
compensation for their intellectual effort.
imgkid.com

1. Creation of statute : The Copyright Act of 1957 describes
Copyright as a legal entity or law created by statute.
2. Monopoly right : Since only the owner has the right to publish ,
sell or communicate the work protected under copyright, this is a
monopoly right.
3. Negative right : Copyright protects the intellectual property of a
person and prohibits its use by another. Therefore it is a
prohibitory or negative right.
4. Economic : The intellectual work of human beings can buy him
daily bread and so, the right ensures that the person earns the
deserved economic growth with the help of copyright.
5. Moral Right : The works protected under copyright, helps the
creator in gaining name and fame . Therefore , the law is
important in oral aspect also.

animation-station.photoimpact-international.comwww.foldgroup.co.uk

www.foldgroup.co.uk www.photoxpress.com

**The idea–expression divide or idea–expression
dichotomy limits the scope of copyright protection by
differentiating an idea from the expression or manifestation of
that idea.
**The idea–expression divide differentiates between ideas and
expression, and states that copyright protects only the original
expression of ideas, and not the ideas themselves.
**This principle, first clarified in the 1879 and since then been
codified by the Copyright Act of 1976

Applicable to any expressed representation of a
creative work.
imgkid.com

Applicable to any expressed representation of a
creative work.
imgkid.com www.goldderby.compov creative artwor

1. Literary works
a. Translation : The word translation has not been defined in the Act . But
dictionay says “ reproduction in one language of a book , document or
speech in another language” is “translation”
Thus, If copyright subsists n the original work, the reproduction of the
original work without the consent of the creator is illegal.
b. Historical works : Historical facts are not copyrightable but the way of
presentation of the author is. So, if the author presents the historical facts
in some manner, that manner is copyright protected but not the factual
content.
c. Lecture : A lecture includes address and speech. Delivery of a lecture
includes delivery by means of any mechanical instrument or broadcast. A
lecture will be entitled to copyright only if it is reduced to writing before it is
delivered.

1. Literary works
d. Letters : Copyright subsist in private, commercial as well as Government
letters as they are a work of human mind or intellect.
e. Dictionary , log tables and other facts : The preparation of dictionary on any
subject involves considerable amount of labor skill and judgment. Copyright
would subsist in dictionary for arrangement, idioms, sequence or format of
a dictionary.
In case of log tables, copyright cannot
protect the content of the table since
the values are universal and constant.
But copyright subsist in the manner or
format of presentation of the log
tables and other factual informations.

2. Dramatic Works
Acc to Section 2(h) a dramatic work includes any piece of recitation.
choreographic work or entertainment in shows, the scenic arrangement or
acting form of which is fixed in writing or otherwise but does not include a
cinematograph film
www.fanpop.comnewseastwest.com

3. Musical Works
Copyright is recognised in the original musical works under the provisions of
section 13(1)(a).
Section 2(p) defines musical work as work consisting of music and includes any
graphical rotation of such work but does not include any words or any action,
intended to be sung, spoken or performed with music.
Adaptation or alterations in musical work
is also protected under copy right.
Addition of new harmonies, rythms or
forces is also copyright protected.
The music composer has a copyright over
his own intellectual composition.
www.greenwichlibrary.org

3. Musical Works
Songs : There is no copyright in a song, the words of the song creates a
copyright whose owner is the author of the song or the lyricist while the music of
the song is the copyright of the song. But the song itself has no copyright.
Old songs with remix version : The remix songs or the adaptation of a
musical work is not an infringement of the copyright law or the original music
composition.
www.greenwichlibrary.org

3. Artistic works
According to section 2(c) Artistic works means
a. painting, a sculpture, a drawing including a diagram, map, chart or plan,
engraving on a photograph whether or not only such a work possesses
artistic quality.
b. A work of architecture.
c. Any other work of architecture craftsmanship.
www.leoisaac.com

3. Artistic works
b. A work of architecture.
Section 2(b) provides that a work of architecture means any building or
structure having an artistic character or design or any model for such
building or structure.
c. Any other work of architecture craftsmanship
It includes artistic works like hand painted tiles and stained glass windows
dokity.com www.wellingtontile.co.uk

•The ‘author’ and ‘owner’ are vital while deciding the copyright since
copyright law clearly differentiates between the idea and the expression or
application of the idea.
•The originator of the idea is not the owner of the copyright.
•Copyright simply belongs to the person who gives concrete form to the
idea.
•For example : The person who gives an idea for a play or a book is not the
owner of the idea , instead the person who writes the book or transforms
the idea into expressible form is the owner of the copyright . N matter if the
originator of idea was someone else.

According to provisions of section 17, the author of the work is the first
owner of the copyright in the work. The clear definition of the ownership
of copyright is stated in section 2(d).
It defines “author” in various relation to various categories of works as
follows:
1. Literary or dramatic work, the author of the work

2. Musical works : The composer of the music and the lyricist are the
copyright owners of their respective works.
3. Artistic works, other than the photographs, the owner is the artist.
4. Photograph, the person who takes photographs.
5. Cinematograph films, the producer is the owner.
6. Sound recording, the producer is the owner of the copyright.
7. Literary, dramatic, musical or artistic work which is computer generated,
the person who causes the work to be created is the owner of the
copyright

piranhapa.com
Reproduction right

piranhapa.com
Reproduction right
**The right to make copies
of a protected work.
www.veteransprintingusa.com

piranhapa.com
Distribution right
www.property118.com

piranhapa.com
Distribution right
**The right to distribute or
Sell copies in public.
www.property118.com

Right to create adaptations : Derivative
works
**The right to prepare new works based
on protected works.
www.pinkvilla.com

Right to create adaptations : Derivative
works
**The right to prepare new works based
on protected works.
www.cinemaghar.inwww.pinkvilla.com

Performance and display rights
**The right to perform protected
work in public.
metro.co.uk

www.improvizations.com
To the rule that the creator of
a work owns the copyright

*If a work is created by an employee in the
course of his or her employment, the
employer owns the copyright.
www.microtek.ac.in

www.microtek.ac.in
**If the creator has sold the entire
copyright, the purchasing business or
person becomes the copyright
owner.
www.copyrighthouse.co.uk

Duration varies depending upon the type of work and is different for
different countries
www.theregister.co.uk
•Literary
•dramatic,
•musical and
•artistic works
lifetime of the author + 60
years from the beginning
of the calendar year next
following the year in which
the author dies.
•Cinematograph films
•Sound records
•Government work
•Public undertakings
•International Agencies
•photographs
until sixty yearsfrom the
beginning of the calendar
years next following the
year in which the work is
first published

different countries
www.thinkdefence.co.uk
•Literary
•dramatic,
•musical and
•artistic works
lifetime of the author +
70 years from the
beginning of the
calendar year next
following the year in
which the author dies.
•Computer generated
literary work
until 50 years from the
end of the calendar in
which the work is first
published

different countries
•Literary
•dramatic,
•musical and
•artistic works
•Joint ownership
lifetime of the author +
70 years from the
beginning of the
calendar year next
following the year in
which the author dies.
•Works made for hire
until 95 years from the
end of the calendar in
which the work is first
published
www.bbqbeefjerky.com

www.people.hbs.edu
*"The Copyright Act, 1957, Term of Copy Right (Sec. 22-29)". vakilno1.com.
Retrieved 2013-04-12
*Copyright in General – "I've heard about a 'poor man's
copyright.' What is it?", U.S Copyright Office
*"Berne Convention for the Protection of Literary and Artistic Works Article 5". World
Intellectual Property Organization. Retrieved 2011-11-18
*http://fairuse.stanford.edu/overview/faqs/copyright-ownership/
•Law relating to intellectual Property right; B.L. Wadhera
•Fifth edition

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