Table of Contents

Subject matter of copyright

Table of Contents

The subject Matter of copyright means that the work in which a protection of copyright can be granted. The law clearly states that on what work copyright should be granted. some of the essential conditions for the copyrightable work are:

  1. Originality: The work must be original and is not copied from somewhere.
  2. Expression: The work must be expressed in the clear way and must not be in the form of mere idea.
  3. The author must have put some labor to the work.

Section 13 of the Indian copyright act, 1957

Section 13 of the Indian copyrights Act,1957 deals with the subject matter of copyrights. It states that the copyright shall subsist in the following category of works:

(a) original literary, dramatic, musical and artistic works;

(b) cinematograph films; and

(c) Sound Recording

Original literary work

The literary work means that the works which is in writing. The act does not define as to what is actually the literary work but it says in section 2 (o) that the literary work will include the computer programs, computer databases, tables and compilation.

Original dramatic work

Section 2(h) of the Act, defines dramatic work it states that will include:

  • anything made for recitation,
  • choreographic work and
  • anything for the purpose of entertainment in a silent show, will also include
  • any scenic arrangement or acting

this definition is broader in nature as it also includes anything which is expressed in writing except the cinematographic films.

Original musical work

Section 2(p) of the act defines musical work it states that musical work is a work which consists of the music. The composition as a whole is considered to be musical work and only the song and its lyrics does not contain the part of a musical work it must be accompanied by some music. If only lyrics of the song is to be protected then it must be protected under the literary work. The musical work will consist of the whole composition that is the music as well as the song and hence the one who makes such work is known as the composer.

Original artistic work

Section 2(c) of the act states that the artistic work will include:

  • a painting
  • a sculpture
  • a drawing which also includes a diagram, map, chart or plan
  • an engraving or a photograph

it is immaterial that if such work posses any artistic quality or not.

the artistic work will also include:

  • a work of architecture
  • and a work of craftmanship

cinematographic films

section 2(f) of the act talks about what to be included in the cinematographic film this will include any visual recordings with various methods. This will also include the visual representation of any work with sound recordings.

Cinematograph incudes anything which is generated by the process of cinematography.

Sound recordings

Section 2(xx) states that sound recording means a recording of any sound by which it is produced.

The copyright shall not subsist in the following cases according to section 13(3)

Section 13 (3) states that the copyright shall not subsist in:

  1. if any substantial part of the cinematographic film is the infringement of any already copyrighted work,
  2. if the copyright has been infringed of any literary, dramatic, artistic or musical work in making a sound recording of that work.

Case Laws

In the case of Sulamangalam R. Jayalakshmi v. Meta Musicals, Chennai (2000) the Madras High Court held that the copyright aim of the copyright act is to preserve the hard work, labor, goal, expression of a person and hence the subject matter should be understood properly.

In the case of Blackwood and Sons Ltd. and Ors. vs. A.N. Parasuraman and Ors. (1958), Madras High Court has held that the copyright protection must be granted in case of a literally work the translation of any literally work. Because the translation of a literally work is also considered a literally work.

In the case of R.G Anand vs. Deluxe Films and Ors. (1978) the apex court held that when the idea is same and is projected in a different manner similarities will occur. The courts can in such cases see that whether the work is exact imitation of the copyrighted work with a slight variation in such cases copyright is being violated but if the plot and the objective is different than the copyright is not violated.

In the present case though the theme of the work is same but the defendant has executed and expressed it in a different manner. The apex court stated that the idea and the plot cannot in itself be protected under copyright but the manner in which these are being presented is protected under copyright. The movie was broader in concept in comparison to the play and hence the copyright is not being violated.

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