Copyright in Novels: How the Law Protects Stories and Writers
Novels are more than narrative; they’re the output of a writer’s fantasy, inventive powers, and diligence. Famous ones, as well as lesser-known ones who publish on sites such as Wattpad or Instagram, all would like their stories to be acknowledged and not plagiarized. This is the point where copyright law comes into play. Copyright privileges the writer’s non-duplicable manifestation and legally empowers him/her with certain rights over his/her creation.
Copyright is a type of intellectual property right given to authors that allows them to control, protect, and exploit their artistic works. In India, novels, short stories, poems, and even online stories are protected under the Copyright Act, 1957. Once a writer creates a novel in a tangible form (written or typed), copyright automatically exists.
Copyright Law in India
India’s copyright law, mainly the Copyright Act, 1957, offers protection to original literary, dramatic, musical, and artistic works, as well as to the created films and sound recordings, thus giving the creators exclusive rights over the reproduction, adaptation, and public performance and recognizing moral rights at the same time.
Further, it has been updated to comply with international treaties such as Berne and TRIPS, especially through the 2012 Amendment. It protects the manner of expression and not the idea per se, but it does provide exceptions, like the case of fair dealing. In India, copyright law empowers novelists with economic rights and moral rights that are exclusive to the authorship of the novel and are thus granted to the author, enabling the author to regulate the monetization.
What Rights a Novelist Has?
Reproduce the work (make copies).
Publish or distribute copies to the public.
Translate the novel into other languages.
Adapt the novel (e.g., turn it into a film, audiobook, or new story).
Perform the work in public.
Communicate the work to the public (e.g., broadcast or stream).
License or assign these rights to others.
Summary of Rights
Category
Description
Economic Rights
Rights to reproduce, publish, distribute, adapt, and monetize the novel.
Moral Rights
Rights related to authorship, recognition, and protection against distortion.
What Is Considered an Infringement?
Unauthorized Copying: Reproducing significant portions of a novel, including text, unique plotlines, or character descriptions.
Derivative Works: Creating adaptations, sequels, or translations without the original author’s consent.
Distribution: Illegally sharing, selling, or publishing copies (physical or digital) of a copyrighted novel.
Idea vs. Expression: Copyright protects the specific expression (the words and story), not general ideas, facts, or historical events.
Copyright and Online Writing Platforms
Writers nowadays prefer to publish their works online. They carry the same copyright of their works. If a story gets posted in another place, having been first copied from Wattpad, Instagram, or a blog, the author has the right of infringement over the copied story.
Conclusion
The main function of copyright in the literary world is to secure novels and writers. No matter if a writer is standing in the field, the law will protect their creativity. In times of easy copying, the need for copyright understanding is at its highest in the digital era.
Award-Winning Article Written By: Ms.Yashika Joshi
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Yashika is a second-year law student at delhi metropolitian education , ggsipu. my areas of interest include Intellectual Property Rights and copyright law, patient law
