copyright

Under the Copyright Act, 1957, copyright subsists in original literary, dramatic, musical and artistic works, in cinematograph films and in sound recordings (s.13). Section 14 lists the exclusive rights for each kind of work. It protects the expression of an idea, not the idea itself, and registration is not needed for protection.

For a work to be original it must be the author's own and show a minimal degree of creativity, not mere labour. For literary works the term is the author's life plus sixty years. Fair dealing for private study, research, criticism, review and reporting is not infringement (s.52).

Example

Copying the publisher's headnotes infringes copyright, but copying the text of the judgment itself does not, since that text is not the publisher's original work.

In Indian law

• Sections 13, 14 and 52, Copyright Act, 1957
• Eastern Book Company v. D.B. Modak, 2007 INSC 1266: originality requires a minimal degree of creativity

See also

patent · trademark · passing off

Read more in the study notes

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• Technological environment and its impact on business decisions (Business Environment)
• Anti-competitive agreements: section 3, cartels and bid rigging (Competition Law)
• Unlawful consideration and object; e-contracts (Contract I)
• The IT Act, 2000: scheme, definitions and jurisdiction (Cyber Law)
• India and the WTO: objectives, functions, agreements and impact (Economic Development in India)