SUBJECT MATTER & SCOPE OF COPYRIGHT
Subject Matter of Copyright
Meaning:
Copyright protects the expression of ideas, not the ideas themselves.
The subject matter refers to the kinds of works that can be protected under copyright law.
The protection is granted to original literary, dramatic, musical, and artistic works, as well as cinematograph films and sound recordings.
The key principle is that the work must be original and fixed in a tangible form.
Types of Works Protected:
Literary Works
Includes books, articles, poems, computer programs, and other written or printed works.
Dramatic Works
Includes plays, scripts, and choreography.
Musical Works
Compositions including the music and lyrics.
Artistic Works
Paintings, drawings, sculptures, photographs, architectural designs.
Cinematograph Films
Films or movies, including documentaries and animations.
Sound Recordings
Audio recordings, such as music albums, podcasts, or speeches.
What is NOT Protected?
Ideas, procedures, methods of operation, concepts, or principles.
Facts and historical information.
Titles, names, or short phrases.
Works not fixed in a tangible form.
Scope of Copyright
Rights Conferred:
Copyright gives the creator exclusive rights including:
Reproduction right: Making copies of the work.
Distribution right: Selling or distributing copies.
Public performance right: Performing the work publicly.
Adaptation right: Creating derivative works or adaptations.
Communication to the public: Broadcasting or online streaming.
Duration of Copyright:
Copyright generally lasts for the lifetime of the author plus a certain number of years after death.
This period varies but protects the work during the author's life and for some time posthumously.
Limitations on Copyright:
Fair Use or Fair Dealing: Limited use without permission for criticism, review, news reporting, education.
Compulsory Licenses: Sometimes others may use the work under specific conditions.
Key Case Law Illustrating Subject Matter and Scope
1. Eastern Book Company & Ors v. D.B. Modak & Anr (2008)
Facts: The case dealt with copyright in law reports.
Judgment: The court held that while the facts in law reports are not protected, the editorial comments, headnotes, and arrangement constitute original literary work protected by copyright.
Principle: Copyright protects original expression but not raw facts.
2. University of London Press Ltd. v. University Tutorial Press Ltd. (1916)
Facts: Involved copyright in exam question papers.
Judgment: The court held that original literary works include question papers, affirming broad protection for intellectual expressions.
Principle: Copyright covers diverse forms of original literary work.
3. Autodesk, Inc. v. Dyason (1992)
Facts: The dispute was over software copyright.
Judgment: The court held that computer programs are protected as literary works, recognizing the modern scope of copyright.
Principle: Copyright extends to software as an original literary work.
4. University of Oxford v. Rameshwari Photocopy Services (2016)
Facts: Photocopying and distribution of textbooks in educational institutions.
Judgment: The court balanced the rights of authors and the right to education, highlighting the scope of copyright but also limitations like fair dealing for educational purposes.
Principle: Copyright scope must be balanced against social needs like education.
Summary Table
| Aspect | Explanation | Case Law Example |
|---|---|---|
| Subject Matter | Original literary, artistic, musical works | Eastern Book Co. v. D.B. Modak |
| Protection Excludes | Ideas, facts, titles, methods | Eastern Book Co. v. D.B. Modak |
| Rights Conferred | Reproduction, performance, adaptation | Autodesk v. Dyason |
| Duration | Life of author + years | — |
| Limitations | Fair use, compulsory licenses | University of Oxford v. Rameshwari |
Conclusion
The subject matter of copyright is the original expression fixed in a tangible form—covering a broad range of works from literature to software. The scope of copyright includes exclusive rights to reproduce, distribute, perform, and adapt the work, subject to fair use limitations to balance social interests.
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