Understanding the Scope of Copyright Law: What Works Does It Apply To?

Copyright law is a fundamental framework that protects authors and creators of original works of authorship. It serves to safeguard the manifestations of these ideas, rather than the ideas themselves. This article will explore the various types of works that are covered under copyright law, drawing on the provisions of both Indian and American copyright legislation. Additionally, we'll discuss recent additions to the scope of copyright protection, such as the Music Modernization Act and theCLASSICS Act.

What Does Copyright Law Apply To?

Under Indian law, authors of original works such as literary works, dramatic musical, and artistic works, cinematographic films, and sound recordings are all granted copyright protection. Similarly, under the United States Copyright Act (17 USC 102), specific categories of works are protected. According to the Act, copyright protection subsists in original works of authorship, fixed in any tangible medium of expression.

Types of Works Protected by Copyright

Works of authorship covered under the Copyright Act include:

Literary works, which encompass books, computer programs, tables, compilations, and databases expressed in any other form, including a machine-readable medium. Musical works, which include any accompanying words. Dramatic works, which include any accompanying music. Pantomimes and choreographic works. Pictorial, graphic, and sculptural works. Motion pictures and other audiovisual works. Sound recordings. Architectural works.

Exclusions from Copyright Protection

Copyright law does not protect ideas, procedures, processes, systems, methods of operation, concepts, principles, or discoveries, regardless of the form in which they are described, explained, illustrated, or embodied in the work.

Recent Additions to the Federal Bailiwick

Until the Music Modernization Act (CLASSICS Act) was enacted in 2018, pre-1972 sound recordings were not covered by federal copyright law. Prior to this, the protection for these recordings was governed by state common law or state statutory law. The CLASSICS Act provided retroactive copyright protection for pre-1972 sound recordings, bringing them under the purview of federal copyright law.

Additional Protected Works

Besides the categories mentioned in the Copyright Act, there are additional types of works that fall under the broader definition of copyright protection. For instance, Vessel Hub Design and Integrated Circuit Masks are specifically protected under copyright law, although they might not be explicitly listed in the Act. These protected works include:

Computer programs and databases. Advertisements. Maps. Technical drawings.

This broad range of protections ensures a comprehensive safeguard for creators and authors in a multitude of fields, ranging from literature and music to inventions and artistic expressions. The law is constantly evolving to accommodate new forms of creative expression, ensuring that the right balance is maintained between the interests of the creators and the public.

Conclusion

Understanding what works are covered by copyright law is crucial for anyone involved in creation, publication, or distribution of original works. Whether you are an author, a musician, a programmer, or an artist, familiarizing yourself with the types of works protected by copyright helps in safeguarding your intellectual property. Additionally, knowing about the legal frameworks like the Music Modernization Act ensures that you are aware of emerging protections for your work.