Section 13 of CA, 1957 : Section 13: Works In Which Copyright Subsists

Explanation using Example

Consider an example where an Indian author, Mr. Sharma, writes an original novel, which is a literary work. As per Section 13(1)(a) of the Copyright Act, 1957, Mr. Sharma's novel is eligible for copyright protection in India.

Now, suppose Mr. Sharma first publishes his novel in the UK, not India. According to Section 13(2)(i), his work will still be protected under Indian copyright law because Mr. Sharma, the author, is an Indian citizen.

Next, let's assume a filmmaker in India decides to make a movie based on Mr. Sharma's novel without his permission. According to Section 13(3)(a), the filmmaker's movie would not be protected by copyright because it infringes upon the copyright of Mr. Sharma's novel.

Lastly, if Mr. Sharma collaborates with another author, Ms. Patel, to write a sequel to his novel, as per the explanation in Section 13(2), both authors must meet the conditions for copyright protection, i.e., both must be Indian citizens or domiciled in India.