IP in India: Copyright in Cinematograph Films: A Brief Note

May 08, 2008 | BY

clpstaff &clp articles

By Manisha Singh NairLexOrbis Intellectual Property PracticeCopyright is a right given by the law to the creators of literary, dramatic, musical and artistic…


By Manisha Singh Nair

LexOrbis Intellectual Property Practice

Copyright is a right given by the law to the creators of literary, dramatic, musical and artistic works and the producers of cinematograph films and sound recordings. In fact, it is a bundle of rights including, inter alia, rights of reproduction, communication to the public, adaptation and translation of the work. It ensures certain minimum safeguards of the rights of authors over their creations, thereby protecting from infringement and unauthorized copying.

A work under copyrights means any of the following, namely, a literary, dramatic, musical or artistic work, a cinematograph film, or a sound recording.

A “cinematograph film” means any work of visual recording on any medium produced through a process from which a moving image may be produced by any means. This includes a sound recording accompanying such visual recording and “cinematograph” shall be construed as including any work produced by any process analogous to cinematography including video films. In the case of a cinematograph film, copyright means the exclusive right:

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