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Which works does copyright cover?

By Akshay Biwal Updated

Which works does copyright cover?

Copyright covers an original literary, dramatic, musical, or artistic work, a cinematograph film, and a sound recording. That is section 13 of the Copyright Act, 1957. The right arises when the work is made. Filing for registration does not create it.

No. Copyright exists when the original work is made. Registration is evidence.

Which works?

Work What it includes
Literary Books, software, and other original writing. A computer program is a literary work
Dramatic A play or a work of choreography recorded in writing
Musical The music, apart from the words and apart from a recording of a performance
Artistic A painting, a drawing, a photograph, or a work of architecture
Film and sound A cinematograph film, and a sound recording, each as its own work

When does the right arise?

The author has the copyright when the original work is created. Registration with the Copyright Office is optional evidence of that claim. Whether the right exists before registration is on the copyright page. This page does not quote a fee.

What is a different right?

A trademark protects a brand used on goods or services. That filing is on the trademark page. A patent protects an invention. Neither is a class of copyright. An idea that has not been expressed in a work is not copyright either.

Frequently asked questions

Four questions cover registration, a computer program, a brand name, and a later version.

Must the work be registered before it is protected?

No. Copyright exists when the original work is made. Registration is evidence. It is not the event that creates the right.

Is a computer program a literary work?

Yes. A computer program is protected as a literary work. It is not a separate class of its own.

Does one registration cover every later version?

A later version is protected if it is itself an original work. Registration of an earlier version does not automatically list every change.

Sources

The works in which copyright subsists are section 13 of the Copyright Act, 1957. Whether registration is required is a separate guide.

  1. Copyright Act, 1957 on India Code
  2. Does copyright exist before it is registered?
  3. Trademark registration