Copyright Law

What can be copyrighted?

Only the concrete, tangible or physical embodiment of the idea is protected by Intellectual property law. The majority of the website you see, It is copyrighted. You might have seen that in the footer section. It comes under literary work. Your web browser, software, and operating system all have copyright protection. Even open-source software (e.g., Linux, Blender, etc.) all have copyright protection; it is just that they are not enforcing it. Even your comments are copyrightable; we just permit them when we accept terms of use, without even reading them ;)

Nevertheless, not everything is copyrightable; It cannot be commonplace or generally known in society or a fact. There has to be some novelty in it. You may have done much work finding a fact, and It's still not copyrightable. However, the book, article, and research paper you may be right on are copyrightable.

In short, It is a propitiation of Intellectual effort and talent. Moreover, It's powerful, that's why It is also used by the propertied and powerful to protect the concentrated market and broken business models. It can also be used as a censorship tool.

Here are the things which can be protected by Copyright 

1. Works of Literature: Novels, nonfiction works, poems, articles, essays, directories, advertisements, catalogs, speeches, and computer programs are examples.
2. Musical Compositions: Both the musical notation and the accompanying text are included in this category.
3. Dramatic Works: works that are intended to be dramatic. Plays, operas, scripts, screenplays, and accompanying music fall under this category.
4. Pantomimes and Choreographic Works: This style of work excludes popular dancing moves. Illustration, graphic design, sculpture, Sketches, cartoons, paintings, pictures, slides, greeting cards, architectural and engineering drawings, maps, charts, globes, sculptures, jewelry, glassware, models, tapestries, fabric patterns, and wallpapers are among the items on Display.
5. Motion Pictures and related Works: These include movies, videos, etc. 
6. Records of sound: Sound effects, speech, and recorded music are all examples of this. The people who record thunder, animal noises, and other natural sounds may claim Copyright.
7. Compilations: You may assemble a collection of existing content and Copyright the entire collection. A collection of tree-themed poems or a ranking of the greatest cancer physicians in the United States are two examples.

What cannot be protected by copyrights?

1. Ideas, Systems, or Methods: Ideas, scientific or technical approaches, algorithms, formulas, principles, business procedures, and operations are protected under copyright law. Although Copyright doesn't protect an idea, its expression is copyright-able.
2.  Commonly Known Information: You must be familiar with some things considered common property and do not hold authorship. Statements like "sky is blue" are not copyright-able as it is commonly known.
3. Choreographic Works: Owners of choreographic works (no matter original or not) cannot obtain copyright protection unless they videotape or notate them. In the case of speech, the creator cannot get protection unless he transcribes the same.
4. Blank Forms: Copyrights do not apply to blank forms, encapsulating time cards, address books, graph papers, and diaries.
5. Titles, Names, Phrases, or Expressions: Copyrights do not apply to blank forms, encapsulating time cards, address books, graph papers, and diaries.
6. Useful Articles: Things such as clothing, automobiles, and home appliances possess utilitarian functions and thus, cannot obtain copyright protection. Nevertheless, exceptions like building designs can be copyrighted due to being considered an artistic expression.
7. Laws: Works like cases, regulations, court decisions, constitutions, and statutes are considered in the public domain and, therefore, cannot be copyrighted.
8. Federal Government Works: memos, reports, rules, and documents that the Federal US Government creates are not copyright-able. Some states begin an exception.

Copyright Infringement

The following are some of the most well-known examples of copyright infringement:

1. Creating, selling, or letting for hire infringing copies.
2. Allowing the public performance of works in any location when such performance is infringing on the Copyright.
3. Distributing illegal copies for commercial purposes or to such a degree as to jeopardize the copyright owner's interests.
4. Importation of infringement copies into India and public Display of infringing copies through trade.

Types of Copyright Infringement on the Internet  

One of the unique aspects of copyright infringement is that it is difficult to determine if a work is a "duplicate" of a protected work. Infringement is not always done on intention. It might be due to 'obliviousness.' Infringement in cyberspace will take a variety of forms, including:

1. Framing: This allows a client to view material from one site while it is framed by data from another site, similar to the "image in-picture" feature found on some televisions.
2. Linking: Linking is the process of linking a user from one site to another. Through the original site, the client is given access to a website.
3. Caching: Caching is duplicating data from a single source and storing it in a cache. The user would get access to this material for a limited period.
4. Public Display or rights by posting pictures: By displaying or sharing photographs in public, you are granting the following rights: Any user can see any work that has been published on the Internet without any restrictions. As a result, when Copyright content is published on the Internet without permission, it is considered an infringement.
5. Archiving: Archiving is obtaining and storing content from another website and merging it into your own. Whether a hyperlink exists, the client will be sent to another area of a comparable site where another site's content is kept.

Frequently Asked Questions

1. Is Registration Of a Work Required To Claim Copyright?
   No. Copyright is acquired automatically and without many formalities. However, in a court of law, the copyright registration certificate and the entries made therein serve as prima facie evidence in copyright ownership issues.
2. What can be copyrighted?
   Only the concrete, tangible or physical embodiment of the idea is protected by Intellectual property law.
3. Is the idea also copyright-able?
   No. The idea itself is not copyright-able but its expression can be copyright-able.
4. What is the duration of copyright protection?
   The basic norm is that copyright is valid for a period of 60 years. In the case of original literary, theatrical, musical, and artistic works, the 60-year period begins the year after the author's death.
5. What exactly is "fair use"?
   Because of the differences in legal systems, some systems provide a clear list of limitations and exceptions to copyright, whereas others may merely provide a broad provision. Such broad provisions are commonly referred to as "fair use" or "fair dealing" clauses.

Conclusion

In this article, we have extensively discussed Intellectual Property rights.

The protection is extended not just to Copyright in the classic sense but also to Copyright in its current sense. As a result, online copyright concerns are effectively protected but not in the same plain and unambiguous terms as offline copyright issues. To meet the ever-increasing issues created by cutting-edge technology, existing law can be interpreted in such a way that all aspects of Copyright are effectively protected.

We hope that this blog has helped you enhance your knowledge regarding the IPR and if you would like to learn more, check out our articles on Intellectual Property Rights.

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