Copyrightable Works
Not every creation qualifies for copyright protection. Indian law draws a clear boundary: only specific categories of works, defined under Section 13 of the Copyright Act, 1957, are eligible. If a work falls outside these categories, no amount of effort or creativity will attract copyright protection. Understanding which works are copyrightable and equally, which are not is the starting point for protecting creative work effectively.
The Six Categories of Copyrightable Works (Section 13)
Section 13 of the Copyright Act, 1957 specifies that copyright subsists in the following categories of works, provided they are original and have not been copied:
- Literary works
- Dramatic works
- Musical works
- Artistic works
- Cinematograph films
- Sound recordings
Each category has its own scope and meaning under the Act. The following sections explain each in detail, with practical examples relevant to creators, businesses and professionals.
Quick Reference – Categories at a Glance
| Category | What It Covers | Common Examples | What It Does NOT Cover |
| Literary works | Text, written content, computer programs, compilations | Books, articles, software code, academic papers, databases | Raw data without selection/arrangement; purely functional text |
| Dramatic works | Works intended for performance | Plays, screenplays, scripts, choreography (when notated) | Improvised performances not recorded in any form |
| Musical works | Musical compositions (melody and harmony) | Songs, instrumental compositions, sheet music | Lyrics (protected separately as literary works) |
| Artistic works | Visual creations, fixed in tangible form | Paintings, photographs, sculptures, architectural designs, logos | Purely functional industrial designs (may fall under Designs Act, 2000) |
| Cinematograph films | Visual recordings with or without sound | Feature films, short films, documentaries, animated films, video reels | Underlying works (script, music) each protected separately |
| Sound recordings | Recorded sounds | Music albums, podcasts, audiobooks, recorded speeches | The underlying musical or literary work protected separately |
Literary Works
What the Law Says
Section 2(o) of the Copyright Act defines “literary work” to include computer programmes, tables and compilations including computer databases. The term is broader than its everyday meaning it does not require the work to be literary in the sense of being creative writing or literature.
What Qualifies
A literary work is any work expressed in writing or through marks that can be read or understood. This includes:
- Books, novels, short stories and essays
- Academic papers, research reports and theses
- Articles, blog posts, newsletters and website content
- Legal agreements, reports and corporate documents
- Instruction manuals, brochures and marketing copy
- Computer programs (source code and object code)
- Databases and compilations where there is sufficient skill and judgment in selection or arrangement
What Does Not Qualify
- Raw factual data without any selection, arrangement or creative contribution a mere list of names or numbers is not protected
- Titles and headings names, titles, short phrases or slogans generally do not qualify as literary works (though they may be protected under trademark law)
- Purely mechanical reproductions of existing content
The Originality Requirement
Originality under Indian copyright law does not mean novelty. The work does not have to be unique or inventive. It simply has to originate from the author meaning it must not be copied and involve the application of skill, labour and judgment. This was confirmed by the Supreme Court of India in Eastern Book Company & Ors. v. D.B. Modak & Anr. (2008) 1 SCC 1, which held that a compilation qualifies for copyright only if it involves a minimum degree of creativity in selection or arrangement of the material.
Dramatic Works
What the Law Says
Section 2(h) of the Copyright Act defines “dramatic work” to include any piece for recitation, choreographic work or entertainment in dumb show, the scenic arrangement or acting form of which is fixed in writing or otherwise.
What Qualifies
- Stage plays and theatre scripts
- Screenplays and film scripts
- Television scripts
- Choreographic works but only if recorded in writing or in another fixed form
Key Requirement – Fixation
A dramatic work must be fixed in some tangible form to attract copyright. An improvised theatre performance or an unscripted dance routine that has never been written down or recorded does not qualify for copyright protection as a dramatic work. The moment it is notated, written or recorded, protection attaches.
Example
A theatre director creates an original play. The script is written down the dramatic work is now protected. If the same director stages an entirely improvised performance that is never recorded, that performance is not protected under copyright. The underlying story or concept, even if original, is an idea and ideas are not protected.
Musical Works
What the Law Says
Section 2(p) of the Copyright Act defines “musical work” as a work consisting of music and includes any graphical notation of such work but does not include any words or any action intended to be sung, spoken or performed with the music.
What Qualifies
- Original musical compositions the melody, rhythm and harmony
- Sheet music and graphical notation of a composition
Critical Distinction – Music, Lyrics and Recordings are Protected Separately
A song typically involves three separate copyrights:
| Element | Category | Owner |
| Musical composition (tune/melody) | Musical work | Composer |
| Lyrics | Literary work | Lyricist |
| Recorded version of the song | Sound recording | Producer (record label) |
This has very significant practical implications. A film producer who licenses the rights to a musical work must separately license the rights to the lyrics (if used) and to any existing sound recording. A cover artist who records a new version of a song needs a licence for the musical work and lyrics they do not need a licence for the original sound recording, since they are creating a new one.
Artistic Works
What the Law Says
Section 2(c) of the Copyright Act defines “artistic work” to include: a painting, a sculpture, a drawing (including a diagram, map, chart or plan), an engraving or a photograph, whether or not any such work possesses artistic quality, a work of architecture and any other work of artistic craftsmanship.
What Qualifies
- Paintings, drawings, illustrations and sketches
- Sculptures, installations and three-dimensional artworks
- Photographs the photographer is the author, regardless of artistic quality
- Engravings and prints
- Maps, charts, technical diagrams and architectural plans
- Works of architecture both the building itself and the design drawings
- Logos and graphic designs if they are original artistic works
The “Artistic Quality” Point
The law is clear that artistic quality is not a requirement. A rough sketch, a simple technical diagram or a commercial logo can all qualify as artistic works if they are original. This was clarified in the context of labels and packaging designs in various Indian trade mark and copyright disputes.
The Overlap with Designs Law
When an artistic work is applied to an industrial process and reproduced in large quantities (more than fifty items, under the Designs Act, 2000 and related provisions), copyright protection may be replaced by protection under the Designs Act, 2000. Once the design is registered as an industrial design or once the threshold of industrial reproduction is crossed without registration, the copyright in the artistic work may be lost. This is an important consideration for product manufacturers and packaging designers.
Cinematograph Films
What the Law Says
Section 2(f) of the Copyright Act defines “cinematograph film” to include any work of visual recording on any medium produced through a process from which a moving image may be produced by any means and includes a sound track, if any, associated with such visual recording.
What Qualifies
- Feature films and short films
- Documentaries
- Animated films and motion pictures
- Television serials and web series
- Video recordings (including home videos, if original)
- Any visual recording from which a moving image can be produced
Who is the Author and Owner?
Under Section 2(d)(v) of the Copyright Act, in relation to a cinematograph film, the author is the producer. The producer meaning the person who takes the initiative and responsibility for making the work is the first owner of copyright in the film.
This does not extinguish the separate rights of the scriptwriter, composer, lyricist or performers each of these may have independent copyright in their respective contributions. A film studio must ensure it has acquired the necessary rights in all underlying works to avoid infringement claims.
Important Note on Performers’ Rights
Section 38 of the Copyright Act grants performers (actors, musicians, dancers) a separate set of rights in their performances, including the right to make a sound or visual recording of the performance. These rights are distinct from copyright in the film itself. After the 2012 amendment, performers also have moral rights under Section 38A.
Sound Recordings
What the Law Says
Section 2(xx) of the Copyright Act defines “sound recording” as a recording of sounds from which such sounds may be produced regardless of the medium on which such recording is made or the method by which the sounds are produced.
What Qualifies
- Music albums and singles (the recorded track, not the composition)
- Podcasts and audio content
- Audiobooks and spoken word recordings
- Recorded speeches, lectures and interviews
- Field recordings and sound effects
Who is the Author and Owner?
Under Section 2(d)(vi) of the Copyright Act, the author of a sound recording is the producer the person who takes the initiative and responsibility for making the recording. In the music industry, this is typically the record label or the artist who funds and produces the recording.
A Sound Recording is Separate from the Musical Work
This distinction is critical and often misunderstood. A music track on a streaming platform involves two separate copyrights: the sound recording (owned by the producer/label) and the underlying musical composition and lyrics (owned by the composer and lyricist). Streaming royalties are typically split between both.
What is NOT Copyrightable?
Copyright law deliberately excludes certain things from protection. These exclusions ensure that copyright does not lock up the building blocks of knowledge, language and commerce that everyone must be free to use.
| What is Excluded | Why |
| Ideas, concepts, themes and plots | Only expression is protected not ideas |
| Facts and information | No one can monopolise facts |
| Titles, names, slogans and short phrases | Too short or functional to attract copyright (may be protected under trademark law) |
| Government works and Acts of Parliament | Section 52(1)(q) government works are generally in the public domain unless otherwise specified |
| Judicial decisions and orders | Cannot be monopolised as they are public legal records |
| Methods, procedures and systems | Only the expression describing them is protected, not the underlying process |
| Works that lack originality | Pure copies, trivial variations or mechanical reproductions |
| Works not fixed in tangible form | Unrecorded spoken words, improvised performances without notation |
| Mathematical concepts and algorithms | Not protectable in themselves (though software implementing them may be) |
Originality – The Common Thread across All Categories
Every category of copyrightable work shares one fundamental requirement: originality.
Under Indian copyright law, originality means:
- The work must originate from the author it must not be copied from another work
- It must involve the exercise of skill, judgment or labour by the author
Indian courts have moved from the older “sweat of the brow” doctrine (which protected effort alone) toward a standard requiring some minimum degree of creativity. The Supreme Court in Eastern Book Company & Ors. v. D.B. Modak & Anr. (2008) 1 SCC 1 made clear that while novelty is not required, a purely mechanical or routine exercise without any creative contribution will not suffice.
Fixation – Expression Must Be Recorded
Copyright protects only what has been expressed and fixed in some material form. A brilliant idea, an unwritten story or an unrecorded improvised performance does not attract copyright.
Fixation can take many forms:
- Writing on paper or screen
- Digital storage
- Audio or video recording
- Notation (as in choreographic or musical works)
There is no requirement that the fixation be permanent or durable a temporary recording is sufficient. But the work must exist in some perceptible form outside the author’s mind.
FREQUENTLY ASKED QUESTIONS
Q: Is a website content protected by copyright?
Yes. The text content of a website is a literary work. The photographs and graphics are artistic works. The underlying software code is also a literary work. Each element may carry separate copyright. Copying a competitor’s website content without permission is infringement.
Q: Is my logo protected by copyright?
A logo that is an original artistic creation is protected as an artistic work. However, a very simple logo consisting only of a geometric shape or a common word may not meet the originality threshold. Additionally, logos are typically also protected (and more robustly so) under trademark law. The two protections can co-exist.
Q: I created a database of court judgements. Is it protected?
This depends on whether there was creative selection or arrangement. Merely collecting judgements without any original selection or arrangement may not attract copyright. But if you have exercised skill and judgment in selecting, categorising, annotating or presenting the data, the compilation may qualify as a literary work. The underlying judgements themselves are not protected.
Q: Can a fashion design be protected by copyright?
In India, clothing and fashion designs are generally governed by the Designs Act, 2000 rather than copyright. A pure artistic work embedded in a design (such as an original print or pattern) may attract copyright as an artistic work. But the cut, fit or style of a garment is typically not protected by copyright.
Q: Are my Instagram photographs protected even without watermarks?
Yes. A photograph is an artistic work protected from the moment of creation. You are the author and first owner of copyright in your photographs regardless of whether you watermark them or add a copyright notice. However, adding a watermark or notice is a good practice that discourages infringement.
Q: Is software code protected in India?
Yes. Computer programs (software source code and object code) are expressly included as literary works under Section 2(o) of the Copyright Act. The code is protected. The underlying idea, algorithm or functionality that the code implements is not protected by copyright though it may be protectable through other means such as patents (subject to Section 3(k) of the Patents Act).
Resources:
- R.G. Anand v. Delux Films & Ors. (1978) 4 SCC 118 (Supreme Court of India)
- Copyright Act, 1957 (as amended by the Copyright (Amendment) Act, 2012)
- Designs Act, 2000
- Eastern Book Company & Ors. v. D.B. Modak & Anr. (2008) 1 SCC 1 (Supreme Court of India)