Ilaiyaraja Threatens Legal Action for Non-Payment of Royalties, Fan’s Facebook Account Reactivated After BCCI Copyright Row, Another PIL Filed Against Kedarnath for Hurting ‘Hindu Sentiments’, Qatar Requests WTO Proceedings Against Saudi Arabia’s IP Violations, Gayle Awarded AUD 300,000 In Defamation Claim Against Fairfax Media, Russian IP Courts Set to Use First Intellectual Property Blockchain, Fox News Wins Copyright Suit Against Monitoring Service TVEyes, Clothing Brand Fashion Nova Slapped with Copyright Infringement Suit, Etsy and Seller Sued for Copyright Violation, Netflix…
As seen in the previous posts, a copyright protects original and creative expression in a tangible form. While copyright exists in a work irrespective of registration, writers are advised to register their works. This post looks at the various categories under which a writer’s work can be protected and why it should be registered.
Protecting a Writer’s Work
According to Copyright law, the following types of works form the subject matter for copyright protection:
Literary Work;
Musical Work;
Artistic…
Writings expressed on tangible forms are copyrightable only if they are original and creative. The thresholds are low, but they still have to be satisfied.
Originality
Originality checks whether a writing has been independently created. The question is not about similarity of works, it is about independence of expression. As long as a writer has independently written her work, it will not matter if the work is similar or identical to another work.
Example: If X writes a poem, and it is…
Copyright protects original, creative expressions on a tangible form. All three requirements, originality, creativity, and expression on a tangible form have low thresholds, and are easily satisfied by almost, all writings. As long as the writer's work is independently created, not copied; it has minimal creativity, a pinch at least; and the writing is on a tangible form such as paper, electronic medium, etc., copyright protection automatically begins. Expression is what matters for copyright protection, and impression is irrelevant.
Ideas and…
This post was first published on March 16, 2010.
Contributed by Prof . Madabhushi Sridhar
The print media comprises of newspapers, books both fiction and non-fiction. The copyright law regulating rights over economic benefits of ‘owners’ of electronic media are totally different in its impact compared to that of authors in print media. Electronic media refers to TV, radio, music album publishers, Internet, or online publishers, compute programme writing industry, etc. In electronic media, the investments are high, production process…
Copyright Quote
“Is settling with the pirate a new option to manage/control large-scale copyright infringement? Isn’t joining hands with pirates the wrong precedent?”
Dr. Kalyan C Kankanala
Copyright Statistics
There is a decrease of 62% in the total number of copyright applications filed last week as compared to the previous week. A total of 146 applications were filed for copyright registration during the last week. The majority of applications were filed for literary works and artistic works.
S. No
Type of Work
Number of Applications filed…
First Publication Date: 13th January 2010
Professor Anil's post inspired me to research into alienability and waivability of moral rights under national laws. I noted that national laws of civil law countries such as France, Spain, Italy and Germany expressly restrict transfer and waiver of moral rights and national laws of common law countries such as UK and Canada permit their transfer and Waiver. If we look at the international instruments such as Berne Convention for the Protection of Literary…
Date of First Publication: 4th January 2010
Dr. Kalyan needs to be thanked for the timely post (dated 3rd January) on the current controversy over the credits for the movie "3 Idiots". Let me take this opportunity to air a couple of observations/questions on related issues:
1. Can the author, in this instance a fairly well known and popular author Mr. Chetan Bhagat, contract away his "moral rights" specifically, and not through the mode of assignment of copyrights of the work? Nothing…
First Publication Date: 24th July 2008
CASE FACTS:
Gramophone Company of India Limited is the owner of copyright in the recordings of performing artists to whom it pays royalties. The company learnt of the arrival of a consignment of pirated copies of these recordings at Calcutta. The same were being transported from Singapore to Nepal through India. Action was initiated against the consignee for violation of Gramophone India’s copyright.
CASE HISTORY:
Gramophone India sought action from the Registrar of Copyrights to curb the circulation/import…
"Working with the body is an art more than a skill," Mr. Raghavendra tells his students of 'Yoga Massage' in his very first class.
It is in fact fascinating to watch him express, original body work with elements of creativity that surpass intellectual property standards and take a substantial lead. While many body work sequences are based on traditional practices, several practitioners and therapists have over the years developed novel and creative sequences for various reasons ranging from recipient requirement…