Copyright is a right given by the law to creators of literary, dramatic, musical and artistic
works and producers of cinematograph films and sound recordings. In fact, it is a bundle of
rights including, inter alia, rights of reproduction, communication to the public, adaptation
and translation of the work. There could be slight variations in the composition of the rights
depending on the work.
Copyright protects the rights of authors (who writes or creates work), i.e., creators of
intellectual property in the form of literary, musical (music composer), dramatic and artistic
works and cinematograph films (producer of film) and sound recordings (sound producer).
Copyright subsists throughout India in the following classes of works:
- Original literary,
- Dramatic,
- Musical and artistic works
- Cinematograph films, and
- Sound recordings.
Trade mark is the brand name given to a product for marketing and/or selling, consisting of
alphabets, numerical, their fonts and styles and Logo’s.
Copyright is art work, colour combination, ornamental arrangement and design of the label/trademark/logo
used in respect of the product, literary, Dramatic, Musical, artistic work cinematography and sound recording.
Yes. Computer software applications are protected under the Copyright Act. They are treated as literary works.
Yes. In addition to all the rights applicable to a literary work, owner of the copyright in a
computer software applications enjoys the rights to sell or give on hire or offer for sale or
hire, regardless of whether such a copy has been sold or given on hire on earlier occasion.
The following are some of the commonly known acts involving infringement of copyright:
- Making infringing copies for sale or hire or selling or letting them for hire,
- Permitting any place for the performance of works in public where such performance constitutes infringement of copyright,
- Distributing infringing copies for the purpose of trade or to such an extent so as to affect prejudicially the interest of the owner of copyright,
- Public exhibition of infringing copies by way of trade, and
- Importation of infringing copies into India.