Intellectual property is an invention of the mind. Any property that did not exist before its owner innovated it falls under the protection of intellectual property. This can include machines, logos, films, books, and even a fruit that grows in a specific geographical area. There are various types of intellectual property, to name a few: patents, trademarks, GI tags, trade secrets, protection of layout designs, and copyright. This article explores an interesting spectrum of copyright laws.
Copyrights are legal protection given to a creator, the copyright holder have bouquet of rights such as right to reproduce, sell, perform, display and even the right to rent his material. Genreally literary works, artistic works, musical works, dramatic works audiovisual works this includes films, videos, and multimedia presentations and architectural Works.
Can we copyright a Dance move?
Yes, dance moves fall under the category of a "Dramatic work." Dance steps are the easiest to copy; a good dancer may take a few minutes or hours to replicate the steps. Dance steps have all the essential ingredients to be registered under copyright. In order to get protection for their dance steps, the creator must reduce the steps to writing. The creator must write down each step of the dance in order to be entitled to protection under copyright.
Supreme Court of India resolved the dipute between Academy of General Education Manipal and Malini Mallya related to the infringment of copyright of Yakhshagana,"Yakshagana" is a traditional form of Indian theater that originated in the coastal regions of Karnataka, particularly in the districts of Udupi, Dakshina Kannada, and Kasaragod in Kerala. It combines elements of dance, music, elaborate costumes, and dramatic storytelling. Yakshagana has a rich history dating back several centuries and is known for its colorful and vibrant performances.
Dr. Karanth created "Yaksharanga" adapted from the Yakshagana, this perticular work was performed by Academy of Genereal of manipal without the persmission of Ms. Malini, the daugther of the late Dr, Karanth, to conclued this issue supreme court agreed that Ms. Malini owns the copyright of Yaksharanga and the it can not be perfromed without her permission.
Is it mandatory to register under copyright ?
A work get the protection of copright as soon as the work comes into existence, an individual need not to go the various offices or agency to lawfully register his/ her work but it is important to note that registering a copyright gives extra layer of protection to the creator.
Genreally a work get automatically protected once it comes into existence in tangible form. This means as soon as an music album is relased the creator gets the right and his work gets protected.
How are Software Programs protected?
Typically a software is protected by copyright and in some cases, patents a well. lets investiage farther:
Copyright law protects the expression of an idea in a tangible form. In the case of software, this means that the specific code, text, and graphical elements used in the software are protected by copyright. The creator or owner of the software has exclusive rights to reproduce, distribute, perform, and display the software. Copyright protection is automatic as soon as the software is created and fixed in a tangible medium, like written code. In some cases, software innovations may be eligible for patent protection, particularly if they involve novel and non-obvious processes or methods that have a practical application. Software patents can cover the functionality or unique algorithms within the software.
Obtaining a software patent can be more complex and time-consuming than obtaining a copyright, and not all software innovations are eligible for patent protection. Patent protection typically provides exclusive rights to use, make, sell, and license the patented software for a specified period, usually 20 years from the date of filing.
Some aspects of software, such as proprietary algorithms or formulas, can be protected as trade secrets. This involves keeping the details confidential and taking reasonable steps to ensure that employees and contractors do not disclose or misuse this information.
While trademarks are not typically used to protect the software code itself, they can be used to protect the name, logo, or branding associated with the software. Trademarks help distinguish one software product from another in the marketplace.
Can a painting inspired by the painting of Mona Lisa be protected?
The Mona Lisa painting is in the public domain and, therefore, not subject to copyright. It was created by Leonardo Da Vinci in the 16th century, and since the copyright protection of "life plus 60 years" has expired. When a work enters the public domain, it means it is no longer protected by copyright, and anyone can use, reproduce, and distribute it freely without obtaining permission from the original creator
If a painter, photographer, or artist tries to replicate the Mona Lisa painting, can that be under copyright?
Yes, such works can be protected because it is natural for the artist to get inspired by works that already exist. However, a straightforward replica without any creative input may not qualify as intellectual property.
To sum up, this article delved into some interesting and intriguing questions within the framework of copyright. The objective of copyright is to protect against infringement of any kind, and Indian copyright laws have been safeguarding creators since 1957. The historical perspective on copyright is extensive and captivating. It has acted as a guardian of the creative galaxy.
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