Copyright Protection of literary and artistic works in India: An overview of legal framework and enforcement mechanisms

Abstract

The protection of literary and artistic works by copyright is a crucial component of India's legal framework for intellectual property rights. The Copyright Act of 1957, which establishes the exclusive right of the copyright holder to reproduce, distribute, and perform the work, governs the legal foundation for copyright protection. In India, copyright protection is immediately conferred as soon as a work is produced; registration is not necessary. However, it is advised to register your copyright because it can be used as legal proof in court if there is ever a dispute. Exhaustive lists of works covered by copyright are usually not to be found in legislation. Nonetheless, broadly speaking, works commonly protected by copyright throughout the world include literary works such as novels, poems, plays, reference works, newspaper articles; computer programs, databases; films, musical compositions, and choreography; artistic works such as paintings, drawings, photographs, and sculpture; architecture; and advertisements, maps, and technical drawings. It is significant to understand the whether the works in question comes within the purview of the subject matter in order to figure out whether there is copyright infringement. Therefore, this article would analyse literary and artistic works and the extent to which it applies to the works in question, in the light of landmark judgments.