No. A meme, if original, falls under the ambit of artistic works in copyright. Hence, a meme cannot be a trademark, but it can be registered as a copyright.
Types of Copyright
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The protection available under the Copyright Act can be availed for creative works that qualify as copyrighted work. This page will discuss various types of copyright work that may be registered in India.
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Introduction
Types of Copyright
The term “copyright” is not explicitly defined under the Copyright Act, 1957[1]. The general meaning of the term Copyright refers to the “right to copy” available only to the creator or author. Any other person who copies the original work of the author or creator will be liable for Copyright Infringement as per the provisions laid down in the Copyright Act, 1957. The Copyright Act, 1957, guarantees certain safeguards with regard to the rights of authors over the creations made by them. No civilized society can ignore the essential requirement of encouraging creativity as it is the keystone of progress in society. Additionally, the social and economic development of a society is majorly dependent on creativity.
The protection of copyright provided by the Copyright Act, 1957, to the hard work or efforts of designers, writers, artists, musicians, dramatists, architects and producers of cinematograph films, sound recordings, and computer software, creates an encouraging creativity atmosphere for them, which also encourages them to create or generate more and also motivates others to create such works. In contrast, the creation created by the creator cannot be claimed for ownership for generations as it will be harmful to the social justice. Hence, for the purpose of determining the time period for Copyright protection in India, a term of life, author or creator, in addition to 60 years, is adopted in India. This time period of duration of Copyright protection may vary from country to country. If there is a rigid application of copyright protection in a country, it can affect the progress of the society. Thus, in a country, Copyright laws are enacted with certain necessary exceptions and limitations, which are essential to ensure that a balance is maintained between the interests of the creators and the community.
The Different Types Of Works Protected By Copyright In India
The Different Types Of Works Protected By Copyright In India
Literary Works
Copyrights under this category cover works that include the original or unique creation of literature. Such literary works can be in the form of scripts, novels, biography, a thesis, technical books, and programs. The copyrights to these could be claimed irrespective of the literary merit, style, or quality of work. The copyright under literary work provides exclusive rights.
Dramatic Works
This is also a form of literary work. It includes any sort of preparation for a play that shall be performed, dumb show entertainment, drama, choreography, or fixed writing work. Dramatic works do not however include any kind of cinematographic films.
Musical Works
Musical works are copyrightable in themselves. Musical works do not include lyrics or sound. For the protection of musical works, a separate application has to be made to the Copyright Office, though the work related to sound recordings is usually dependent on the musical works. A musical work doesn’t have to be written down, to enjoy copyright protection.
Artistic Works
Such artistic works under the Copyright Act, of 1957 include the protection of artistic works that include original artwork including paintings, photography, buildings, diagrams, cartoons, molds, plans, etchings, cast for sculptures, graphics, and drawings, among others.
Cinematograph Films
Cinematographic films usually include every single recorded work with moving images and visuals. It is any work of a visual recording with the sound recordings, prepared by any process, be it analogous or digital, and contains video films. It could include visual recordings in any medium, and any method of keeping such visual records.
Sound Recordings
The sound recording shall include any sort of recording, be it in any form of storage medium. It could include any song that contains a singer’s voice with or without music, a podcast, or recorded audio. Sound recordings also include music, which is why the permission of the inventor or creator of the music is needed for the copyright protection of the sound recording.
Faq
Frequently Asked Questions (FAQ)
Yes, a youtube video can be registered as a copyright under a cinematograph film. You can do it as long as the video is an original and unique work.
Yes, different aspects are covered in various types of copyright. The characters are artistic works, the source code is computer software, the tune is a musical work, etc.
An AI (artificial intelligence) cannot be the sole owner of a copyright. Hence, such artwork is not copyrightable. However, if joint ownership between a human and an AI is found in any application, it can be registered as a copyright.
No. you cannot claim a copyright on an idea. Copyright law only protects the expression of an idea, in any creative form.
