which-is-not-protected-by-indian-copyright-law
which-is-not-protected-by-indian-copyright-law

Which Is Not Protected by the Indian Copyright Law: Excluded Works

Copyright in India gives people who make original works, like books, music, art, movies, and software, the right to keep them to themselves. This protection is not available for all types of content or speech, though. Several categories are not covered by the Indian Copyright Act, 1957, either because they are not original, are considered public property, or are regarded as being utilitarian. It is important to know about these exceptions in order to follow intellectual property law, avoid infringement, and keep the creative environment balanced. The categories that are not covered by copyright protection in India are thoroughly discussed in this article.

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1. Common Knowledge and Public Domain Material

Certain forms of universally accepted or publicly accessible information do not attract copyright protection due to their lack of originality and authorship.

Examples of Commonly Known Information

  • Calendars and charts: Standard calendars, height-weight charts, or measurement tables are utilitarian and universally used.

  • Public records: Lists or directories compiled from public data, such as phone books or census data.

  • Universal truths: Statements like "Water boils at 100°C" or "The earth revolves around the sun".

These are freely usable by anyone as they belong to the public domain and do not reflect individual creativity.

2. Facts and Data: Raw Information Cannot Be Owned

Facts, by their very nature are objective and not the result of creative expression. Hence, they are not protected under copyright even if compiled innovatively.

Examples of Uncopyrightable Facts

  • Sports scores and statistics

  • Dates of birth or historical events

  • Weather reports or polling data

While a compilation of facts arranged in a creative manner (like an almanac) may be protected the underlying facts remain open for public use.

3. Ideas, Concepts, and Principles

Copyright protects expression not the idea itself. This foundational principle ensures that innovation and thought remain unrestricted in society.

Idea vs. Expression Doctrine

  • An idea for a novel cannot be copyrighted, but the written story based on it can.

  • Scientific principles (e.g., Newton’s Laws or Einstein’s Theory of Relativity) are ideas, hence not copyrightable.

Unless an idea is expressed in a tangible and original form it remains outside the scope of protection.

4. Words, Phrases, Slogans, and Symbols

Short expressions are considered too minimal to qualify as original literary work under copyright and are instead protected under trademark law.

Examples of Excluded Elements

  • Brand names: e.g., “Apple”

  • Slogans: e.g., “Just Do It”, “Think Different”

  • Symbols and typographical elements: Basic logos, shapes, or color schemes without unique design value.

These are considered identifiers rather than original creations and are dealt with under a different legal framework.

5. Fashion Designs as Useful Articles

Fashion, despite its creative appeal, generally falls outside copyright protection due to its functional and utilitarian nature.

What Is and Isn’t Protected

  • Not protected: Dress designs, footwear patterns, accessories as a whole.

  • Protected: Unique artistic prints or fabric patterns used decoratively.

Indian law emphasizes the utilitarian purpose of clothing making most fashion items ineligible for copyright.

6. Choreographic Works Without Fixation

Choreography, though artistic, must be documented to receive legal protection under copyright law.

When Choreography Is Not Protected

  • Live dance without recording

  • Unnotated movements or performances

Without fixation in a tangible form (like video or written notation) these performances are considered ephemeral and unprotected.

7. Works Not Fixed in Tangible Form

A fundamental requirement for copyright protection is the fixation of a work—its existence in a durable medium.

Unfixed Works Not Covered

  • Unrecorded speeches or spontaneous storytelling

  • Improvised music or oral performances not documented

These works remain the intellectual property of the creator only until they are captured in some permanent form.

8. Government Works and Official Proceedings

Certain government-produced materials are excluded from copyright to maintain transparency and public access.

What Falls Under This Exclusion

  • Judicial decisions and court orders

  • Parliamentary debates and enacted laws

  • Official government publications and reports

As per Section 52(1)(q) of the Copyright Act, these materials are public domain content and can be freely used ensuring democratic access to legal and legislative information.

9. Generic Symbols, Icons, and Designs

Visual elements that are widely used or lack creative originality do not qualify for copyright protection.

Common Examples

  • Geometric shapes: Circles, triangles, squares

  • Basic icons: Arrows, stars, hearts

  • Standard symbols: Such as the medical cross or telephone symbol

These elements are often reused across platforms and industries and are considered fundamental building blocks not original works.

10. Public Domain Works

Works whose copyright term has expired or were never properly registered are deemed public domain and are free for all to use.

Examples of Public Domain Content

  • Classic literature published before 1923

  • Older works without valid copyright formalities

  • Works voluntarily dedicated to the public domain

Before reusing such content, it's important to evaluate its status carefully especially for commercial purposes.

Why Are These Categories Excluded?

The exclusions from copyright law are designed to promote balance between private rights and public interest.

  • To promote creativity and innovation by allowing open access to ideas and information.

  • To prevent monopolies over functional items or basic expressions.

  • To ensure accessibility to legal, educational and factual content for the broader society.

These principles help uphold the fundamental objective of intellectual property: encouraging original expression without restricting free thought or public resources.

Summing Up

Understanding what does not fall under the protection of Indian copyright law is just as crucial as knowing what does. Categories like commonly known facts, ideas, government records, fashion designs and unfixed performances remain outside the legal umbrella of copyright. Based on the Copyright Act of 1957, these exceptions show a careful balance between protecting creators and looking out for the public interest. Understanding these differences is important for law students, professionals and people who want to become lawyers in order to understand copyright issues and properly fight for intellectual property rights in a wide range of legal and creative fields. 

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Which Is Not Protected by the Indian Copyright Law: FAQs

Q1. Are ideas protected under Indian copyright law?

No, only the expression of an idea in a tangible form is protected—not the idea itself.

Q2. Can fashion designs be copyrighted in India?

No, functional fashion designs are not protected, but original fabric patterns used decoratively may be.

Q3: Which items are not protected by copyright under Indian law?

Items like facts, ideas, concepts, short phrases, slogans, government documents, fashion designs, and unrecorded performances are not protected. They either lack originality, are functional, or belong to the public domain.

Q4. Can I copyright a slogan or brand name?

No, short phrases and brand names are protected under trademark law not copyright.

Q5. Are unrecorded performances eligible for copyright?

No, performances like speeches or dances must be recorded or notated to qualify for protection.



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