B.A.LL.B. (Hons.

)
Year -4th
Semester -8th
Session : 2023-24

Subject: INTELLECTUAL PROPERTY RIGHTS

Topic: AN OVERVIEW OF SUBJECT MATTER

PROTECTED UNDER COPYRIGHT

SUBMITTED TO :- SUBMITTED BY:-

Miss Jagriti Vijay Shikha

Roll.no:- 55
 Acknowledgement

I would like to express my special thanks of gratitude to my respected teacher Miss Jagriti
Vijay who gave me the golden opportunity to do this wonderful project on the topic “An
overview of subject matter protected under copyright” which also helped me in doing a
lot of Research and I came to know about so many new things I am really thankful to them.

Secondly I would also like to thank my parents and friends who helped me a lot in finalizing
this project within the limited time frame.

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 Index

S.No. Topics Page No.

1 4
Table of Cases

2 5
Introduction

3 6
Subject Matter of Protection

4 9
Subject Matter of Non - Protection

5 9
Case Laws

6 11
Conclusion

7 12
Bibliography

3
 Table of Cases

 Eastern Book company v. Navin J. Desai

 Entertaining Enterprise v. State of Tamil Nadu
 Godrej Soaps (P) Ltd v. Dora Cosmetics Co.
 Tate v. Fullbrook
 Walter v. Lane

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 Introduction

The subject matter of copyright encompasses a vast array of creative works that are eligible
for legal protection. Copyright law safeguards original expressions in various forms,
including literary works, artistic creations, musical compositions, sound recordings, motion
pictures, and more. The authors and owners of these works have the exclusive right to
determine their usage, reproduction, distribution, and public performance.

Since copyright sets the parameters of protection and promotes a balanced environment that
stimulates creativity, innovation, and the transmission of artistic endeavours, understanding
its subject matter is crucial for both producers and consumers.

What Is Copyright?

Copyright is a type of intellectual property right. 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 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.

The Copyright Act, 1957 completely replicates the Berne Convention for Protection of
Literary and Artistic Works, 1886 and the Universal Copyrights Convention after the
amendments in 1999, 2002 and 2012 and India is a party to both the conventions. India has
signed the Geneva Convention for the Protection of Rights of Producers of Phonograms and
is an active member of the World Intellectual Property Organization (WIPO) and United
Nations Educational, Scientific and Cultural Organization (UNESCO).

The term “copyright” refers to a collection of exclusive rights that Section 14 of the Act
grants to the owner of the copyright. Only the copyright owner or another person who has
permission to do so from the copyright owner may exercise these rights. These rights include
the ability to adapt, reproduce, publish, translate, and communicate with the public, among
other things. Copyright registration just establishes an entry for the work in the Copyright
Register kept by the Registrar of Copyrights and does not grant any rights.

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 Subject Matter of Protection

In today’s highly technological world, a thorough comprehension of copyright infringement

and the safeguarding of subject matter are crucial due to its global scope.
Section 2 of the Copyright Act of 1957, along with judicial interpretations over time,
outlines various categories of works eligible for protection.

After careful analysis of the classifications and categorisations provided in different

subsections of Section 2 of the Copyright Act of 1957, as well as considering the legal
opinions of Indian high courts and the Supreme Court, the following types of works (which
are mentioned below) are recognised and enjoy copyright protection under the current
amended legislation.

Subject matter of copyright

All subject matters protected by copyright are called ‘works’. Thus according to Section 13
of The Copyright Act 1957, it may be subjected for the following works:
 Original Literary Work,
 Original Dramatic work,
 Original Musical work,
 Original Artistic Work,
 Cinematography films, and
 Sound recordings

1. Literary work

Literary works are not limited to works of literature alone, but include all works expressed in
printed or writing forms (except dramatic or musical works). Computer programmes, tables
and compilations including computer databases falls within the ambit of literary work.
The copyright protection is not limited to words, but also includes symbols and numerals.
Literary work should have the following characteristics:

 It must be original and be fixed in some tangible form.

 The word literature has to be understood in the same manner as it is understood in
political and electioneering sense.

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  It refers to written or printed matter.
 No merit other than originality is required.

In Walter v. Lane1, a book which was published based on articles in ‘The Times’ which
were verbatim of the speech made by Lord Roseberry – was held to be original since own
skill and labour was exercised.

2. Dramatic work

The essence of a dramatic work is a story or a narrative. A written description of the acts of
the performer acts as a prerequisite for copyright protection. Any work of action, with or
without music, capable of being performed before an audience is termed as a dramatic work.
Copyright subsists not only in the actual words of the work but in the dramatic incidents of
the work as well.

In Tate v. Fullbrook2, it was held that any dramatic work in its entirety along with the scenic
effects comes under copyright.

3. Musical work

Musical work does not include words intended to be sung or spoken with the music or action
intended to be performed with the music or song lyrics. It refers to a work which consists of
music and includes any graphic notation of such work.

The creator of any musical work is known as a composer. The rights of the composer are
protected under copyright irrespective of whether the recordings of the music are available in
graphical notations or not.

4. Artistic work

An artistic work should have an original content to be protectable under the copyright.
Therefore anybody who can create an original artwork can be entitled to copyright protection.
Copyright law while attributing authorship to a painter does not subjectively assess how good

1
(1900) A.C. 539
2
(1908) 1 KB 821

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or poor an artwork is. The assessment of the artistic merit and quality is done by art
connoisseurs and dealers. It is understood outside the domain of copyright.
Original work involving the art of carving, modelling, welding or other works of art in three
dimensions are also protected by copyright.

5. Cinematograph films

The ambit of cinematographic films will cover, but not limited to, feature films,
documentaries, and even animated movies.

If the original version of any film is in the public domain, anyone can remake it. However,
whether the remake will enjoy copyright or not, depends on the availability of sufficient new
expression.

In the case, Entertaining Enterprise v. State of Tamil Nadu3, High Court of Madras held
that videotape will fall within the definition of cinematographic film.

6. Sound recording

Sound recording is a recording of sounds from which such sounds may be heard later. The
medium or the method by which the sounds have been created does not matter. The only
condition is that the sound recording should be original.

If an originally composed audio recording is fixed on a medium such as CD-ROM or pen

drive, it qualifies for protection under copyright.

Apart from the above mentioned, some more works that are subject to copyright are:

 Audiovisual works, such as television shows, soap operas, movies, and online videos
 Originally created videos available on YouTube
 Video games
 Computer software

3
AIR 1984 (MAD) 278

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 Subject Matter of Non - Protection

Particular aspects of works do not constitute the subject matter under copyright.

 Ideas, procedures, methods, systems, processes, concepts, principles, discoveries, or

devices are not subject matters under copyright.
 Titles, names, short phrases, slogans, typefaces, fonts and lettering and mere listings
of ingredients or contents cannot be copyrighted.
 Works not fixed in a tangible form of expression cannot be copyrighted.
 Commonly available works which contain no originality (for example, calendars,
standard measurements, lists or tables compiled from public documents) are not
copyrightable subject matter.

However, some titles and words might be protected under trademark law if their use is
associated with a particular product or service.

Case Laws

1. Eastern Book company v. Navin J. Desai4

The question involved was whether there is any copyright in the reporting of the judgment of
a court. The Delhi High court held that it is not denied that under section 2(k) of the
Copyright Act, a work which is made or published under the direction or control of any
Court, tribunal or other judicial authority in India is a Government work.

Under section 52(q), the reproduction or publication of any judgment or order of a court,
tribunal or other judicial authority shall not constitute infringement of copyright of the
government in these works. It is thus clear that it is open to everybody to reproduce and
publish the government work including the judgment/ order of a court.

4
AIR 2001 DELHI 185

9
 2. Godrej Soaps (P) Ltd v/s Dora Cosmetics Co.5

The Delhi High Court held that where the carton was designed for valuable consideration by
a person in the course of his employment for and on behalf of the plaintiff and the defendant
had led no evidence in his favour; the plaintiff is the assignee and the legal owner of
copyright in the carton including the logo.

5
2001VAD (DELHI) 177

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 Conclusion

The copyright law is considered as an essential law of protection for a country because it
enriches its national cultural heritage of it. However, higher the level of protection given to
literary, dramatic, musical or artistic work in any country, automatically higher is the number
of intelligent creation, i.e. higher it’s renown. Thus, in the final analysis, we can say for
economic, cultural and social development, it is the basic perquisites.

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 Bibliography

 https://legalvidhiya.com/copyright-act-1957-exploring-subject-matter-economic-and-
moral-rights/?amp=1
 https://www.studocu.com/in/document/osmania-university/semester-34/ipr-meaning-
and-subject-matter-of-copyrights/13053099
 https://blog.ipleaders.in/an-overview-of-the-copyright-act-1957/
 https://www.legalserviceindia.com/legal/article-11360-copyright-and-subject-matter-
of-copyright.html
 https://lawbhoomi.com/meaning-and-subject-matter-of-copyright/

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