Section 13 of the Copyright Act, 1957 - Works in Which Copyright Subsists
Section 13 of the Copyright Act, 1957 identifies the principal classes of works in which copyright subsists in India and states important territorial and infringement-related conditions governing that protection.
What Section 13 Covers
Copyright is a statutory right. Section 13 should be read with the definitions in Section 2, the meaning of copyright in Section 14, and the other provisions of the Copyright Act, 1957. Broadly, Section 13 recognises copyright in original literary, dramatic, musical and artistic works, cinematograph films and sound recordings.
Section 13 - Works in Which Copyright Subsists
Sub-section (1): Subject to Section 13 and the other provisions of the Act, copyright subsists throughout India in: (a) original literary, dramatic, musical and artistic works; (b) cinematograph films; and (c) sound recordings.
Sub-section (2): Except for works to which Sections 40 or 41 apply, the provision links copyright protection to specified conditions concerning first publication, the citizenship or domicile of the author, or, for a work of architecture, its location in India. For joint authorship, the stated conditions must be satisfied by all authors.
Sub-section (3): Copyright does not subsist in a cinematograph film if a substantial part of it infringes copyright in another work. Similarly, copyright does not subsist in a sound recording made from a literary, dramatic or musical work if making that sound recording infringed copyright in that underlying work.
Sub-section (4): Copyright in a cinematograph film or sound recording does not prejudice the separate copyright in the underlying work from which the film or sound recording is made.
Sub-section (5): For a work of architecture, copyright extends to its artistic character and design, but not to processes or methods of construction.
Meaning of Important Terms
Literary work: Under the Act's definitions, this includes computer programmes, tables and compilations including computer databases. Artistic work includes specified visual works and works of architecture. Cinematograph film and sound recording are separately defined statutory categories. These definitions help determine the class into which a work falls for Section 13.
Copyright in Underlying Works Remains Separate
A film or sound recording may incorporate other protected works. Section 13(4) makes clear that copyright in the film or sound recording does not extinguish the separate copyright that may subsist in those underlying works. Permissions and rights therefore need to be considered at each relevant layer.
Official Copyright Resources
For the current statutory text, rules, notifications, registration services and official guidance, refer to the Copyright Office, Government of India and its official materials. The statutory wording should be checked against the current official text before relying on it for a legal proceeding or transaction.
Related Provisions
Continue with Section 14 - Meaning of copyright, Section 15 - Copyright in designs, Section 16 - No copyright except as provided in the Act, and Section 17 - First owner of copyright.