Types of Copyright

Types of Copyright

In our lives, we find new discoveries and inventions being made by people, which a result of never ending thirst of mankind to know more. The person who creates or invents any good or services, is termed as the owner. Such a person acquires the right to protect his work from use by other person. He becomes the sole owner of his creation by the virtue of law.

With the advent of knowledge and information IPR has gained quite substantial importance in the legal arena. Intellectual property (IP) refers to “creations of the Intellect for which a monopoly is assigned to designated owners by law”. Intellectual property rights (IPRs) are the rights or protection granted by the law under the IPR laws.

Intellectual Property consists of two types:

  • Industrial Property
  • Literary and Artistic Work

The rights of the owner of literary or artistic work are protected by the Copyrights Act, 1957. However, the Industrial property is given protection by:

  • Patents Act, 1970
  • Trademarks Act, 1999
  • Industrial Design Rights
  • Trade Secrets
  • Layout-designs
  • Geographical Indications.

The Copyright Act, 1957
A Copyright can be defined as a legal right given to a person for creation of any literary or artistic work being created by him. This gives an exclusive right to the owner to use, perform. Publish or print any of his work or works according to his will.  The right can be given to the owner for a particular time period (varying from 50 to 100 years), during which no other person is allowed to use the copyrighted work without prior permission of the owner. In case any person tries to use the copyrighted work without the permission of the owner, it is termed as an act of copyright infringement
The types of Copyright under the Act are as follows:

  • Copyright of paintings: the painting is an artistic work, so it can be copyrighted. Artists can get their work copyrighted to protect I from being stolen by any other person. In order to ensure that the work of art belongs to him, the owner must sign the respective work.

  • Copyright of Software: Copyright of Software is an extension of copyright law to machine-readable software. There are many of the legal principles and policy debates concerning software copyright to have close parallels in other domains of copyright law.

  • Copyright of Literary Works: an author of a book or literary work gets copyright as soon as he is finished with the book. The copyright protects the work of the author from mushrooming physical and online markets of such work. The registration of copyright adds an extra layer of protection over the work of the author.

  • Copyright of Cinematography: Visual production of any moving object with sound is termed as cinematographic film. It needs a lot of hard work to produce cinema. Many people are associated in making films. Producer of cinema can claim copyright over it.

Copyright of Music: the composer of the song gets copyright of the song as soon as he is finished with composing the song. If a person uses the old songs to make a remix song, he must take prior permission of the copyright holder. In case of formation a remix song, the owner can sue the maker of the remix song for damages, since the latter is not an original work.



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