The article, which is the second part of a two-article series, discusses the subject matters of Copyright: musical work, sound recording, computer programmes and cinematograph film. The author provides a practical checklist for registrations and other procedural requirements.
Part 1 of this article discusses other subject matters of copyright such as literary work, dramatic work and artistic work. Click here to read more.
MUSICAL WORK
Musical work includes graphically represented notations that indicate the pitch location of sound on the scale, duration, timbre and volume of the music. There are various systems of notations like verbal, alphabetical, numerical, graphic and tabulators. The difference between a musical work and a song (sound recording) is that the former is a set of instructions while the latter is the performance using such instructions. In simpler words, musical work is to sound recording as literary work (poem) is to a dramatic work (recitation of such poem). Thus, musical work used in sound recording or films retains its separate identity as a copyright work under an independent category.
Section 2(p) of the Copyright Act, 1957 (‘the Act’) defines musical works as a work consisting of music and includes any graphic notation of such work but does not include any works or any action intended to be sung, spoken or performed with the music. However, the word ‘music’ is undefined by the Act.
Musical work is not merely a combination of harmony and melody or either of them. Musical works include graphical notations and there are various systems of notation like verbal, alphabetical, numerical, graphic and tabulators.
| Lyrics | Lyrics are the subject matter of literary work and are not to be confused with music. |
| Audio recording of songs with vocals | Audio recordings with vocals are the subject matter of sound recordings and are not to be confused with music. |
| Audio recording of songs without vocals (instrumental) | Audio recordings without vocals are the subject matter of sound recordings and are not to be confused with music. |
This category is not to be confused with sound recording.
SOUND RECORDING
Any sound created by humans or otherwise, including songs, speech, etc. recorded on any medium is called a sound recording. The distinction between sound recording and other subject matters of copyright is that sound recording is recorded on a medium. A sound recording could contain more than one subject matter of copyright all of which will continue to have independent copyright.
According to Section 2(xx) of the Act, 1957 sound recording means a recording of sounds from which such sounds may be produced regardless of the medium on which such recording is made or the method by which the sounds are produced.
According to Section 13(4) of the Act, the copyright in a sound recording shall not affect the separate copyright in any work in respect of which or a substantial part of which the sound recording is made.
| Audiobook | If recorded on a medium. |
| Audio song with or without vocals | Audio songs with vocals or just instrumental pieces are covered |
| Cover version | Cover version of the original songs if they have necessary permissions. |
| Audio recording of lecture/speech | While lectures and speeches are a subject matter of literary work, when they are delivered and recorded on a medium, they become subject matters of sound recording. |
| Book that is audio recorded | The audiobook is protected as a sound recording which is separate from the copyright granted to the book, which is the subject matter of a literary work. |
| Lyrics of a song | The audio song recording is a sound recording which is separate from the copyright granted to the lyrics which is the subject matter of literary work. |
| Lecture/speech | The audio recording of a lecture/speech is a sound recording which is separate from the copyright granted to the lecture/speech which is the subject matter of literary work. |
| Musical work | The audio recording of a musical work is a sound recording which is separate from the copyright granted to the musical work itself. |
Form XIV along with Statements of Particulars and Statement of Further Particulars duly filled and signed by the applicant. At least two copies of work in hard copy are required to be submitted along with the application.
The term of protection is 60 years which is counted from the year following the date of publication.
One track will be treated as one work for which a separate application should be filed and fee paid. If multiple tracks are provided as a series/collection of sound recordings, the applicant will have to file separate applications for each of such track with requisite fees. E.g. For 5 audio songs in a music CD, 5 separate applications will have to be filed.
COMPUTER SOFTWARE
Computer programs are composed of literary codes known as source codes and object codes. These codes determine how a computer program functions.In other words, computer program is a set of instructions, written in a programming language by a human such that the computer can understand and perform the function using the instructions. Since these codes are literary codes, they are considered copyrightable under the subject matter of a literary work.
According to Section 2(o) of the Act, literary work includes computer programme and computer databases. Further, Section 2(ffb) of the Act states that a computer includes any electronic or similar device having information processing capabilities.
According to Section 2(ffc) of the Act, computer programme means a set of instructions expressed in words, codes, schemes or in any other form, including a machine readable medium, capable of causing a computer to perform a particular task or achieve a particular result.
| Computer database | In Burlington Home Shopping Private Ltd. v. Rajnish Chibber, 1995 PTC (15) 278, it was held that computer databases are protectable subject matter. |
| Computer programme | In Apple Computer Inc. v. Computer Edge Pvt. Ltd, [1984] ANZCompuLawJl 13, it was held that computer software indicating source and object code of computer programme is entitled to copyright protection. |
| Mobile application | Mobile apps are considered as computer software. |
The duration of copyright for a computer software is the lifetime of the author, and 60 years counted from the year following the death of the author (Life + 60).
CINEMATOGRAPHIC FILM
Recording of moving images like photographs, stills, drawings, animated content etc. are considered a cinematograph film. Cinematograph film also includes movies, videos, animated films, visual recordings, documentaries, etc.
According to Section 2(f) of the Act, cinematographic film means any work of visual recording and includes a sound recording accompanying such visual recording and ‘cinematograph’ shall be construed as including any work produced by any process analogous to cinematography including video films.
According to Section 2(xxa) of the Act “visual recording” means the recording in any medium, by any method including the storing of it by any electronic means, moving images or of the representations thereof, from which they can be perceived, reproduced or communicated by any methods.
| Movie & animated films | If original and fixed on a visual medium. |
| Parody | Parody is allowed by virtue of Section 52 of the Act under fair dealing. |
| Video recording of choreography, classroom lecture & public delivery of lecture | If original and fixed on a visual medium. |
| Video advertisements | If original and fixed on a visual medium. |
| Music video, plays, newsreel, documentaries | If original and fixed on a visual medium. |
| Artists performance in the film | This is addressed in Section 38 of the Act which provides for performers’ rights. |
| CD/DVD cover containing the work | The subject matter of cinematograph film is only the visual recording contained in the CD/DVD. The CD/DVD cover is a subject matter of artistic work and should be protected separately. |
| Movie script | Movie scripts are in written form and hence a subject matter of literary work. |
Form XIV along with Statements of Particulars and Statement of Further Particulars duly filled and signed by the applicant. At least two copies of work in hard copy are required to be submitted along with the application.
A copy of Deed of Assignments in original or notarized. If no such assignments are made, NOCs must be obtained from various copyright holders and enclosed with the application.
Conclusion
The Act, under Section 13 identifies various subject matters of copyright and lists out a few such inclusions and exclusions under each subject matter. However, unlike trademark or design law, copyright subject matters are not provided in a detailed table.
It is the need of the hour for such a classification to be made available to applicants to provide further clarity. This article is an attempt to identify and segregate copyrightable subject matters under each of the heads. This article is an attempt to provide a non-exhaustive subject matter table for copyrights which hopefully acts as a handy guide.
DISCLAIMER: The information provided in this article is for educational purposes only. The same cannot be construed as legal advice.
