Which Is Not Protected By The Indian Copyright Law?

What are the three requirements for something to be copyrighted?

There are three basic requirements for copyright protection: that which is to be protected must be a work of authorship; it must be original; and it must be fixed in a tangible medium of expression..

Ideas can not be copyrighted because they are not fixed into a tangible medium of expression. … However, even ideas that are fixed do not receive protection in and of themselves. Rather, it is the expression of the idea that is protected.

The prescribed fee for the registration of copyright of literary, artistic, musical and dramatic work is Rs 500/- per work. The application fee for registration of copyright in a cinematograph film is Rs 5000/- per work and for sound recording is Rs 2000/- per work.

Copyright protection is automatic as soon as there is a record in any form of the material that has been created. There is a provision to register the Copyright under the Indian Copyright Act, although this is voluntary.

In general, copyright does not protect individual words, short phrases, and slogans; familiar symbols or designs; or mere variations of typographic ornamentation, lettering, or coloring; mere listings of ingredients or contents.

What can and Cannot be copyrighted?

Originality Requirement Works without enough “originality” (creativity) to merit copyright protection such as titles, names, short phrases and slogans, familiar symbols or designs, font design, ingredients or contents, facts, blank forms, etc. cannot be copyrighted.

The penalties for copyright infringement are: For corporations – financial penalty up to $585,000. For individuals – financial penalty up to $117,000 and a possible term of imprisonment of up to five years.

The minimum punishment for infringement of copyright is imprisonment for six months with the minimum fine of Rs. 50,000/-. In the case of a second and subsequent conviction the minimum punishment is imprisonment for one year and fine of Rs. one lakh.

To copyright something, only three elements are required: (1) fixation, (2) originality, and (3) expression. (1) Fixation: a creative idea must be locked in a permanent state. To protect a song, for example, it must be notated on paper or recorded onto tape or CD.

Copyright infringement is statutorily defined in both India and the US. Like other legal rights, copyright too is not absolute but is subject to limits and exceptions. … Fair use is an exception to the rights of the author which allows limited use of copyrighted material without the author’s permission.

In the case of original literary, dramatic, musical and artistic works, the duration of copyright is the lifetime of the author or artist, and 60 years counted from the year following the death of the author.

70 yearsIn Australia, copyright in published works generally lasts for the life of the author plus 70 years. For unpublished works copyright duration is set by whether the work was made public in the creator’s lifetime (see the table in the PDF below for more information).

The Copyright Act provides a closed list of protected works under section 13. These works are original literary, dramatic, musical, artistic, sound recordings and cinematographic works. Copyright law in India also protects neighbouring rights (ie, broadcast reproduction rights and performers’ rights).

Protect your valuable creations Regardless of their merit or commercial value, Canadian law protects all original creative works, provided the conditions set out in the Copyright Act have been met. This means that if you own the copyright to a poem, song or other original work, you have rights that are protected.