Copyright law is an important aspect of law which protects a product of
mind i.e. an intellectual property. It is the government’s way of protecting
the rights of anyone creating an original work, such as a play, song, poem,
book, or artwork. Only the work’s original author or creator can make copies,
distribute, sell, perform or adapt that work.
However, our Indian copyright law is not at its finest yet. There are
many loopholes in our IP laws which need to be rectified. Intellectual Property
violations are rampant in our country because of these loopholes and this is
one of the reasons why it is difficult for foreign companies to trust the
Indian market for business.
Here is a list
of things that cannot be copyrighted in India, but they really should be, at
least to a certain extent:
1. Ideas, Methods and Systems
Ideas, methods, and systems are not covered by copyright
protection, this includes making, or building products; scientific or technical
methods or discoveries; business operations or procedures; mathematical
principles; formulas, algorithms; or any other concept, process, or method of
operation. As a manner of speaking, ideas cannot be protected by copyright, but
the expression of ideas can be protected. There is a fine line between ideas
and expression and it is more complicated when theories such as merger doctrine
and the law related to “scenes a faire” are concerned.
2.
Common Information
This category includes items that are considered common property
and with no known authorship or which are anonymous. Examples include standard
calendars, height and weight charts, telephone directories, tape measures and
rulers, and lists or tables taken from public documents. A phrase such as “The
sky is blue” also falls under this category since there is no known authorship
associated with it. This law makes it ok to use the text from a source as it is
if it is a common knowledge, which is not just plagiarism but it should also be
a copyright infringement.
3.
Choreographic Works
A choreographic work, whether original or not, is not subject to
copyright protection unless it has been videotaped or notated. The same applies
to speeches that have not been transcribed before or after they are given, as
well as any other types of performances. The same issue of idea and expression complicates the situation in
this aspect too. Also, hand gestures or moves cannot be copyrighted; while
personality rights has just now beginning to grow as a concept, the close link
between the two has never been recognized.
4.
Names, Titles, Short Phrases, or Expressions
Names, Titles, Short phrases and
expressions are not protected under the copyright law, be it a catchy slogan
for a business or a pseudonym, or product description or such other work.
Although, business related intellectual work for goods and services is protected
by Trademark, but what about works that do not fall strictly under business
property? For example, unique recipes
and special ingredients for creative dishes; unless and until recipes are not
listed in a proper book which has to contain substantial literary expression to
be considered a book, it cannot be protected under copyright, and then too,
there is not a 100% guarantee that it will be protected.
5.
Fashion
In today’s world, a fashion statement
is one of the most significant forms of expression of one’s ideas and thoughts.
Fashion is an art form and needs hard work and creativity to develop. A shirt,
or a dress or any other form of clothing or accessories are not covered by
copyright law even though architectural design works as well as visual artworks
are well protected under the copyright law. It is true that specific fabric
pattern or design can be protected, which is the least that is protected by
law.
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