What copyright does not protect (Indian context)
Copyright is a exclusive right that a person has for its work that include original work of authorship that may include variety of thing but still there are some general exception to the rule of copyright thus here in this article there is the list of pointer that include things which in not covered under the copy right in reference to Indian Context however frist let us understand the meaning of copyright and what is its important in regards to Indian context there after what are not included under the copyright act in reference to Indian context.
Q) What is a copyright?
The definition of copyright is “a person’s exclusive right to reproduce, publish or for instance to sell his original work of authorship that may include— (as a literary, musical, dramatic, artistic or architectural work)”
Q) What is the importance of copyright?
The important of copyright law is that it covers the “form of material expression” which is not based on actual concepts, ideas, techniques, or facts in a particular work however the reason behind why a work may be fixed in a tangible form it is just to receive the copyright protection of that product, there is the list of some examples of works being fixed in a tangible form includes hand written stories and original painting on canvas.
Note:-copyright law covers the “form of material expression”, actual concepts, ideas, techniques, or facts in a particular work, this is why a work must be fixed in tangible form in order to receive a copyright protection.
What copyright law does not give protection to
- Material not creative enough to be protected
There is no specific line that can be drawn and thus state that what is enough that can make it way for getting copyright and what is not creative enough only with the help of cases and statues we can decide what is not enough creative.
According to copyright act:
In no case copyright does gives protection for an original work of authorship extended to any idea, procedure, process, system, methods of operation, concept, principle or discovery, regardless of the form in which it is described, explained illustrated or embodied in such work.
- Idea/ expression dichotomy
According to the phrase “freedom of expression” listed in our constitution article 19 (1)a, as describing the Frist Amendment right.
It states that it is the freedom of speech, expression and ideas that the initial (frist) amendment protected however the copyright law protects the expression of facts and ideas, not the ideas and fact themselves.
Works that have not been fixed to a tangible medium are just ideas.
Idea is a way of expression of your thoughts thus a medium of how you can express it to everyone in your own words and ideas have been stolen since the drawn of art and literature.
Example – Shakespeare took plots for 90% of his greatest plays from other authors.
Step-3) Works with expired copyright (Public domain)
On the expire of the copyright the work is thus said to fall or merge into the “public domain”, this means that the work or idea is not protected under the copyright and thus can be copy, distributed, display, or perform the work. Any work which is created or published before 1932 is now covered under “public domain” however many of the works which are created after 1923 are also covered under public domain because of certain formalities required by the law at that point in time where not satisfied.
There are certain other ways works can wind up in that category any word which is created by the federal government automatically comes under public domain, Anyone can also donate their works to public domain by providing a statement that anyone is liable to copy the work.
Step-(4) Work that is copied as fair use
There is a limited exception on the part of the author or artist’s monopoly over is the use of work.
If the purpose of copping is education, research, teaching, comment, or criticism and other factors apply, the copy may shall apply for “fair use” provided the exception to the prohibition of copying or any other exclusive rights of copping if the medium if fair thus permission to copy is then not required.
Copyright is exclusive right that a person has for its work that include original work of authorship that may include variety of thing but still there are some general exception to the rule of copyright that will not be protected under the copyright