Which Is Not Protected by the Indian Copyright Law?

Copyright law plays a vital role in safeguarding the intellectual property of creators by granting them exclusive rights over their original works. However, not all creations or concepts qualify for copyright protection. The Indian Copyright Act, 1957 specifies certain exclusions, ensuring that only eligible works are covered under its ambit. This article discusses what is not protected by Indian copyright law and provides clarity for creators, businesses, and legal practitioners.

What Is Copyright Protection in India?

Copyright is a form of intellectual property protection that grants the creator exclusive rights to use, distribute, and reproduce their original works. These works include literary, dramatic, musical, and artistic works, cinematographic films, and sound recordings. Copyright law protects the expression of ideas but not the ideas themselves. The protection under Indian copyright law lasts for 60 years, starting the year after the death of the author in the case of literary, dramatic, musical, or artistic works.

Categories Not Protected Under Indian Copyright Law

While copyright provides extensive protection, some works, categories, and concepts are excluded under the law. Let us explore these exclusions in detail.

Commonly Known Information

Commonly known facts or information that belong to the public domain are not eligible for copyright protection. This category includes:

• Standard calendars
• Weight and height charts
• Phone directories
• Measuring tools like rulers and tape measures
• Lists or tables derived from public records

For example, a calendar that simply lists dates cannot be copyrighted. Similarly, phrases like “The sun rises in the east” are not eligible for protection because they are universal truths with no individual authorship.

Facts

Facts, even when compiled in a creative way, cannot be copyrighted in their raw form. This is because facts are considered to belong to everyone and cannot be owned by an individual or entity. Examples of uncopyrightable facts include:

• Sports scores
• Historical dates
• Statistical data
• Weather reports

However, the creative arrangement or presentation of facts (e.g., in a book or database) can be protected. For instance, while a sports almanac may arrange scores creatively, the scores themselves remain public information.

Ideas, Concepts, and Principles

Indian copyright law does not protect ideas, concepts, or principles unless they are expressed in a tangible form. This ensures that creativity is safeguarded without restricting the free flow of ideas. For instance:

• An idea for a novel is not protected unless it is written down or expressed as a story.
• Scientific theories like Einstein’s theory of relativity are not eligible for copyright, as they are considered ideas.

Creators must transform their ideas into concrete expressions, such as written works or visual art, to seek copyright protection.

Phrases, Words, and Slogans

Individual words, short phrases, or slogans cannot be copyrighted. While these may be distinctive, they are often covered under trademark law instead of copyright. Examples include:

• Brand names like “Apple”
• Slogans like “Just Do It”
• Simple phrases such as “Got Milk?”

Similarly, typographic arrangements, minor colour variations, and lists of ingredients or contents also fall outside the purview of copyright law.

Fashion Designs

Fashion designs are considered “useful articles” under Indian copyright law and are not protected as such. This includes clothing, accessories, and footwear. While a specific fabric pattern or artistic design applied to clothing may be copyrighted, the functional aspects of fashion remain unprotected. For example:

• A dress design is not copyrightable.
• A unique floral fabric pattern may be protected as an artistic work.

This exclusion ensures that functional and utilitarian items remain accessible without infringing on intellectual property laws.

Choreographic Works Without Fixation

Choreographic works are not eligible for copyright protection unless they are recorded or notated. For example:

• A dance routine performed live without being videotaped is not protected.
• Improvised performances also fall outside the scope of copyright law.

The fixation requirement ensures that copyright applies only to works that have a tangible form of expression.

Works Not Fixed in Tangible Form

For a work to be eligible for copyright, it must be fixed in a tangible medium of expression. This means that ideas or creations that exist only in someone’s mind are not protected. Examples include:

• Unrecorded speeches
• Improvised music performances
• Conversations or verbal storytelling

Once such works are documented, recorded, or otherwise fixed, they can become eligible for copyright protection.

Publicly Available Works

Works that have entered the public domain are no longer protected by copyright and can be freely used by anyone. A work typically enters the public domain if:

• The copyright term has expired.
• The creator explicitly dedicates the work to the public domain.
• Copyright registration requirements were not fulfilled for older works.

Examples of public domain works include:

• Classic literature published before 1923.
• Works published without proper copyright notices in earlier eras.

Determining whether a work is in the public domain requires careful analysis of its publication date and compliance with copyright formalities.

Government Works

Certain government works are not protected by copyright law. Section 52(1)(q) of the Indian Copyright Act states that copyright does not apply to acts done for the purpose of parliamentary or judicial proceedings, such as:

• Official laws and statutes
• Government reports
• Judgements and court orders

These works are considered public property to ensure accessibility and transparency.

Generic Symbols and Designs

Generic symbols, shapes, and designs that lack originality are not protected under copyright law. For example:

• Basic geometric shapes like circles, squares, and triangles.
• Common icons such as arrows or hearts.

These elements are considered building blocks of creativity and are freely available for use.

Why Are These Works Not Protected?

The exclusions under Indian copyright law aim to balance the interests of creators and the public. Key reasons for these exclusions include:

1. Encouraging Creativity: Allowing free use of ideas, facts, and public domain works fosters innovation and creative expression.
2. Preventing Monopolies: Restricting the copyright of functional and generic works ensures they remain accessible to all.
3. Defining Ownership: Tangible fixation and originality criteria help establish clear ownership of copyrighted works.

How to Protect Your Creative Work in India

To ensure your work is protected under Indian copyright law, follow these steps:

1. Ensure Originality: Create a work using your own intellectual effort.
2. Fix the Work: Record or document your creation in a tangible medium of expression.
3. Register the Work: Although copyright protection exists automatically, registration provides legal proof of ownership.

Key Takeaways

Indian copyright law provides robust protection for creative works, but certain categories are excluded to maintain accessibility, encourage creativity, and prevent monopolisation. Works like facts, ideas, commonly known information, and unrecorded performances fall outside the ambit of copyright. By understanding these exclusions, creators can navigate copyright law effectively and focus on protecting eligible works.

For creators seeking to safeguard their work, ensuring originality, fixation, and registration are crucial steps. Awareness of what is not protected by copyright can help avoid disputes and foster innovation in India’s vibrant creative industries.