Essay On Copyright Protection

Introduction: Copyright and Protection

Intellectual property protections such as Patents, Copyrights, Designs, Trademarks etc. are the jurisprudences that have been developed over a long period of time. The main aim and objective behind these jurisprudences to develop was to offer protection to the different types of intellectual properties. Copyright is the right given to creators and authors to protect their literary, artistic, cinematographic works etc. Patents are supposed to protect the inventions and so on. It is a general thinking that one protection form should not cross the other’s line.If we specifically talk about Copyright, what copyright protects in India is given in the Section 13 of the Copyright Act, 1957 which states that:

“13. Works in which copyright subsists.- (1) Subject to

Filtration

3. Comparison

AFC test was laid down in the Computer Associates Int. Inc. v. Altai Inc. In this, the computer program code is abstracted, then non copyrightable work is filtered out i.e. mainly the ideas that can not be copyrighted and finally the copyrightable material is compared to check whether the code is copied or not.

Idea Expression Dichotomy: A Myth

However simple this dichotomy may appear, the courts face a rough time separating these two as once any work comes in the front, it is very hard to decide whether it is idea or expression. As to represent any idea also, expressions are needed. If Newton has written his idea in the detailed form in the form of book, his book will have copyright protection. Similarly, ideas without much expressions may come in the form of non protectable entitites. Thus the ideas and expressions can be classified into four types:

1. Distinction between Subject Matter and Protectable expressions in the work

2. Distinction between Unprotectable and Protectable Expressions

3. Distinction between Subject Matter and Unprotectable expressions in the work

4. Earlier ideas that were disembodied and present embodiment of