What is copyright? What are the things that cannot be protected under copyright?

Introduction

Indian copyright law safeguards expressions of ideas rather than ideas themselves. Under Section 13 of the Copyright Act, 1957 sound recordings, cinematography films, and literary, dramatic, musical, and creative works are all protected by copyright. For instance, the Act protects books and computer programs as literary works. The word “Original” means that the author has used his/her own thoughts and intellectual energy to create the work rather than plagiarizing the material which has already been published.

There is a continuous discussion about what cannot be protected under copyright registration. So in this blog, we will discuss what cannot be protected by Indian Copyright Law.

What is copyright?

A copyright is a type of intellectual property that gives the owner the exclusive right to replicate and distribute a creative work for a certain period of time. Literature, art, education, and music are all examples of creative endeavors. Copyright is valid for 60 years. The 60-year term begins the year after the author’s death in the case of original literary, musical, theatrical, and artistic works.

Things that cannot be protected under copyright

Let us look at some things that cannot be protected under copyright:

A. Commonly known information

This category contains things that are deemed to be common property and have no author or owner. For example, normal calendars, height and weight charts, phone directories, measuring tapes and rulers, and lists or tables collected from public records. This also includes expressions like “The sky is blue,” which has no authorship attached to it.

B. Fashion

Fashion is not protected under copyright law because clothing and accessories are considered useful articles. While a specific fabric pattern can fall under Copyright Protection, fashion designs as a whole cannot be protected under the Copyright Act, 1957.

C. Facts

Fasts are not protected by Copyright Law. They can be used without the fear of liabilities in your online job. For example, badminton records, dates of birth, phone numbers, and the number of activists. For instance, a sports almanack might creatively organize badminton scores. A genealogy chart may innovatively organize birth dates, just as a cookbook may innovatively arrange ingredients as part of its recipes. So in all these cases, the author has arranged the facts in a unique way.

D. Cheographic pieces

A choreographic work, whether original or not, is not covered under Indian copyright law until it has been videotaped or notated. The same is true for the speeches that have not been recorded before or after they are delivered, as well as other kinds of performances.

E. Concepts, ideas, and principles

The manner in which concepts, ideas, and principles are expressed is not protected by Indian copyright law. For instance, simply having an idea does not give you the right to own it under the copyright law because you have not expressed it in any form whether it be via words or other tangible forms. Einstein’s theory of special relativity cannot be protected under copyright law because it is just an idea.

F. Expressions, words, or known symbols

Individual words, phrases, slogans, well-known symbols, minor typographic or color variations, and simple ingredients or content lists are not covered under copyright laws. For instance, the word “Apple,” the phrase “Got Milk?” and the Nike swoosh logo are all protected under trademark law.

Key Takeaways

Copyright serves as a legal protection for creative works, allowing creators to safeguard their original expressions and enjoy exclusive rights for a specific duration. However, certain things cannot be protected under copyright according to Indian copyright law. These include commonly known information, fashion designs, facts, choreographic pieces without video or notation, concepts and ideas, and expressions, words, or well-known symbols. It is essential to have a clear understanding of what can and cannot be under copyright protection to navigate copyright law effectively.

 
Suggested Read: FAQs on Copyright Registration