Introduction:
Copyrighting your work has become the most important step in making your work unique and different from others. If something is your own, then it becomes your signature work because then people will recognize you for your work. To make such a thing happen, hard work and efforts are put and if someone else enjoys and takes benefit of the work that you worked upon, hinders the whole purpose of art and Copyright law covers the rights granted to the creators of the literary work, dramatic, musical, artistic work, cinematograph films, and sound recordings. Copyright is an intellectual property right that aims to protect the interests and ideas of the original creators. The following categories on which a creator can protect his rights are original literary work, dramatic, musical, artistic work, and the cinematograph films and sound recordings.
Though, the word ‘original’ has not been defined in the act but can be derived by the case laws. Section 13 of the copyrights act talks about the categories.[1] Manier times it is seen that somethings are created by one person and the credit is taken by the other which leads to the disinterest of the creator and also disrespects the effort, labor, time, and mind put by the creator. It not only protects the interest but also encourages the creator to work with such passion and dedication. It becomes essential to protect the work of the creators. section 14 of the act talks about the exclusive rights given to the owner of the copyright. These rights can only be entertained by the owner or by any other person who has the right to enjoy these rights. Original here in the act implies that the work has not been copied from somewhere and is made by the creator himself. Though, the registration of the work is not mandatory but preferred as it will give better protection.
Types of Works that are Protected
Original Literary work includes all the work in printing or writing, irrespective of the style or quality of work. Even a computer program is considered as a literary work in India. However, it doesn’t include the poetry or prose work.
Dramatic work includes any recitation, choreographic work or entertainment in dumb show, the scenic arrangement or acting form which is done in writing or otherwise.
Musical work includes work which consists of music and any graphical notation of such work but it doesn’t include any works or actions which are intended to be sung, spoken, or performed with the music. Writing is not compulsory to enjoy copyright protection.
Cinematograph Films means any work of visual recording on any medium produced through a process from which a moving image may be produced by any means and includes a sound recording accompanying such visual recordings. [2]
Sound Recordings means recordings through which sound is produced. Irrespective of the Medium on which the sound is recorded doesn’t matter.
Artistic work includes a painting, a sculpture, a drawing even if it’s a chart or a plan or a map, an engraving or a photograph. All of these things can be protected under the act of copyright. Nowadays we see a huge plight of copied art in which everything is similar just a minor change doesn’t mean that you created that particular work. The whole idea of protecting the work hinders if such things happen. An artwork includes any art applied to fabric, T-shirts or other clothing, cartoons and comic strips, collages, drawings, paintings and, patterns and original prints and posters, and lastly sculpture. [3]
Rights given to an owner of copyright are that they can reproduce the work or even communicate it to the public or can even issue copies for the public use, he can even adapt or if he wishes to include his art in any film.
Modern Artwork that should be protected under the Copyright Act
Modern art doesn’t only include paintings, canvas but also the digital art which is used these days. Artwork that is being created digitally must be protected as it includes in an artwork only and even the right must be given to the owner of work. Art is all about creativity and nowadays, most of the things happen digitally these days. Even when a graphic designer makes a design it is also an artwork irrespective of the quality of the work. Art made by a graphic designer should be protected and his idea should be protected. A graphic designer also portrays his idea of art.
Why should the work be protected?
In the upcoming times, digital art will have more value and it still takes time and effort and that idea of the work which makes it different and unique from others and that’s the whole purpose of getting an art copyrighted. Art done digitally should also be protected because if we see social media, in most cases it can be found that ideas of one graphic designer are copied by others and many people take advantage of this because there are no copyrights given to the owner of the creative who has done hard work on it?
If a graphic designer is given the rights under the act of copyright, then his ideas cannot be copied by others. Even digital art is a form of art and it also requires something unique and different from others. mostly times, due to a copied art it becomes difficult to know the real owner. So, it becomes necessary to protect under the act of copyright.
How can it be protected?
Not much has to be done in regards to the art, only an amendment is enough for the digital art in the existing laws. It’s not mandatory that the quality should be of high level even a minimum level art should be copyrighted and all the rights which are given to other owners must be given to the creator of the digital art as well. this amendment can save millions of artists and their art. By doing so, we can save the interest of artists and even encourage others.
International Perspective
Things that are protected under the American copyright laws are similar to what is Indian copyright act is protecting. There isn’t much of a difference in the things which are protected under both the laws. [4] even in UK copyright laws, similar things can be protected under their copyright laws. As the United Kingdom is a part of the Berne Convention which in particular deals in protecting the literary work and artistic work under copyright laws.[5]
Conclusion
Copyright laws are amended to protect the work of the creator so that none can take advantage and earn a huge profit on someone else’s work. As with time, many things have been changed and accordingly, laws are amended to protect the interest of the creators. Certain rights have been given to the creator of the art. To protect an art under the act of copyright it is not necessary to have a high-level artistic work. If someone has a minimal artistic skill and wants to protect his work can be protected under the law. However, there are still some artworks that are not protected under the law and must be protected just to ensure that there is work protected and given equal rights to the creators.
References:
[1] Copyright Law in India – Copyright Office, Copyright act. (n.d.). Www.Legalserviceindia.Com. Retrieved September 6, 2020, from http://www.legalserviceindia.com/article/l195-Copyright-Law-in-India.html
[2] Singhania, Rao, P. L.-D., & Singhania, S. (n.d.). Indian Copyright Laws | Lexology. Www.Lexology.Com. https://www.lexology.com/library/detail.aspx?g=e963324a-4b62-49ab-bd90-aeddb1aee2b0
[3] How to Copyright Artwork. (n.d.). Www.Legalzoom.Com. Retrieved September 6, 2020, from https://www.legalzoom.com/articles/how-to-copyright-artwork
[4] What Does Copyright Protect? (FAQ) | U.S. Copyright Office. (2019). Copyright.Gov. https://www.copyright.gov/help/faq/faq-protect.html
[5] Wikipedia Contributors. (2019b, April 26). Berne Convention. Wikipedia; Wikimedia Foundation. https://en.wikipedia.org/wiki/Berne_Convention
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