Saturday, June 2, 2018

FAQ WORK (Copyright in India explained)

What is a work?
A work means any of the following , namely, a literary, dramatic, musical or artistic work, a cinematograph film, or a sound recording.
What is a work of joint authorship?
"Work of joint authorship" means a work produced by the collaboration of two or more authors in which the contribution of one author is not distinct from the contribution of the other author or authors.
What are the classes of works for which copyrights protection is available in India?
Copyright subsists throughout India in the following classes of works:
  • Original literary, dramatic, musical and artistic works;
  • Cinematograph films; and
  • Sound recordings.
What is an artistic work?
An artistic work means-
  • a painting, a sculpture, a drawing (including a diagram, map, chart or plan), an engraving or a photograph, whether or not any such work possesses artistic quality;
  • a work of architecture; and
  • any other work of artistic craftsmanship.
What is a musical work?
"Musical work" means a work consisting of music and includes any graphical notation of such work but does not include any words or any action intended to be sung, spoken or performed with the music. A musical work need not be written down to enjoy copyright protection.
What is a sound recording?
"Sound recording" means a recording of sounds from which sounds may be produced regardless of the medium on which such recording is made or the method by which the sounds are produced. A phonogram and a CD-ROM are sound recordings.
What is a cinematograph film?
"Cinematograph film" means any work of visual recording on any medium produced through a process from which a moving image may be produced by any means and includes a sound recording accompanying such visual recording and "cinematograph" shall be construed as including any work produced by any process analogous to cinematography including video films.
What is a government work?
"Government work" means a work which is made or published by or under the direction or control of
  • the government or any department of the government
  • any legislature in India, and
  • any court, tribunal or other judicial authority in India.
What is an Indian work?
"Indian work" means a literary, dramatic or musical work,
  • the author of which is a citizen of India; or
  • which is first published in India; or
  • the author of which, in the case of an unpublished work is, at the time of the making of the work, a citizen of India.

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