Copyright In IndiaConditions For Copyright Protection In India

March 21, 20160

Under Sections 13(1)(a), 2(y), 2(o) and 63(a) of Copyright Act, 1957 aCopyright in India is a statutory right provided it satifies the statutory conditions:

a. Protection is available only if claimed work is a literary work.Whereas,title comprising of a few words generally has not been considered as literary work.

b.Title expressed on whole page with some expressive features, is protectable.

c. Alternative remedy, if any, available where copyright protection cannot be availed. Title might be protected if proprietary right can be established in it as a registered mark or by way of goodwill.

[Krishika Lulla v. Shyam Vithalrao Devkatta, (2016) 2SCC 521]

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