copyright

Criteria to get a copyright

Expression of Ideas -
Originality - should originate from the
creator
Fixation - in some tangible form
Exceptions (Fair Use Concept)
 Section 2(y) : Work

means any of the following works, namely :

I. literary, dramatic, musical or artistic

Ii. a cinematograph film
Iii. sound recording
 Meaning of Copyright

Section 13 - Works in which copyright subsists in

a) Original literary, dramatic, artistic and musical

works
b) Cinematograph films and
c) Sound recording
 Concept of Originality

Must not be copied from another work

Should originate from the author
Originality of Expression of Ideas (and not
mere ideas)
 Section 2(o) - Literary Work
Question Papers - University of London Press Ltd. v.
University Tutorial Press Ltd
Events -
Indian Express Newspaper v. Jagmohan
Abridgment - Macmillan v. Cooper
Adaptation - Section 2(a) -
Slogans - Pepsico Inc. v. Hindustan CocoCola - not protected
Computer Programmes
 Section 2(o) - Literary Work
Concept Notes - whether a literary work?
Anil Gupta v. Kunal Dasgupta (2002)
Concept of marriage reality show Swayamvar was disclosed under
confidential agreement and concept note was sent for production
purpose. The question of copyrightability when defendant was about to
launch same concept title Shubh vivah. Plaintiff was protected
 Section 2(h) : Dramatic Work
Includes any piece of recitation, choreographic
work or entertainment in dumb show, the scenic
arrangement or acting form of which is fixed in
writing or otherwise but does not include a
cinematograph film
- Institute of Inner Science v. Charlotte Anderson
- Open Source Yoga Unity v. Bikram Choudhary
(Can Yog be considered as dramatic work?)
Institute of Inner Science v. Charlotte Anderson (2014)

Plaintiff claimed copyright in techniques of Pranic Healing and a trademark over

expression Pranic Healing

Delhi High Court dismissed both these claims

Plaintiff claimed copyright in Pranic Healing techniques as they possess

copyright over the titles of the books written by Master, CD Roms, Trade Literature
and materials therein (compilations of the techniques)

Secondly, they claimed that Pranic Healing was a work of choreography ; thus,
copyrightable as Dramatic work under Section 13(a) of Copyright Act
Dramatic Work
- Dramatic work requires acting or dancing for its proper
representation
- Sufficiently definite and permanent nature as to be
capable of being recorded in writing
- Any work of action with or without words or music that was
capable of being performed being an audience
- It involves action and movement
 Section 2(p) - Musical Work
A work consisting of music and includes any
graphical notation of such work, but does not include
any words or any action, intended to be sung, spoken
or performed with the music.
- Musical work needs to be original
- Music and sound - any difference?
-