Copyright is an intellectual property that gives exclusive right to reproduce or authorize another to reproduce artistic, dramatic, literary, or musical works. It also extends to sound broadcasting and cinematographic films. Copyright protection is limited to author’s particular expression of idea, process and concept in a tangible medium. However, law permits fair use.
To be copyrighted, a work must show certain minimum levels of creativity and originality. Copyright protection is not granted for an abstract idea nor can facts be copyrighted. Only author’s manner of expressing the idea or compiling the facts can be copyrighted.
Things that are protected under Copyright
Definition of Copyright
Section 14 of the Act defines the term “Copyright” as to mean the exclusive right to do or authorize the doing of the following acts in respect of a work or any substantial part thereof, namely-
In case of literary, dramatic, or musical work:
In case of a computer programme:
In case of an artistic work:
In case of cinematographic film and sound recording:
Procedure for Copyright Registration
Assignment of Copyright
The owner of a copyright in an existing work or a prospective owner of a future work may assign to any person the copyright, either wholly or partly and either generally or subject to limitations and either for the lifetime of the copyright or any thereof. However in the case of future work, the assignment shall take effect only when the work comes into existence.
It may noted that after assignment, the rights of the assignor in the copyright shall be diluted to the extent of the rights so assigned to the assignee and in respect of the rights so assigned, the assignee shall be considered to be the owner during the period of assignment.
The assignment of copyright in any work shall be valid only when it is in writing and signed by the assignor of his duly authorized agent.
Advantages of Copyright registration
Duration of Copyright in India
After copyright registration, copyright is valid for the lifetime of the author 60 years after the death of the author.
Duration of copyright registration means the copyright in a work will live for such a period as directed under the copyright act and the same cannot be practiced without author/creator permission. Since the copyright duration in a work varies from the nature of work, the duration of copyright as per the work has been discussed herein below:
Legal Rights in Copyright
Under the Indian Copyright Act 1957, copyright preserves the social, economic and legal interests of the author. The copyright owner is allowed to retain the following exclusive rights.
The Copyright Act says that no 3rd party can reproduce or make copies of the original work or part of the work unless the copyright owner has authorized to do so. It limits reproduction in the form of printing an edition of a work and recording sound and films.
The copyright creator can choose to use his work whichever way he needs. That is, he/she can build derivatives from the existing work or make new work in the same form or another form based on the original work. The following actions outline the term adaptation as per the Copyright Act:
Copyright owners can make their work open to the public using broadcast or wireless distribution whether in any or more of the forms of symbols or visual images.
The owners of musical work and artistic work can do their works publicly. For example, a musician can play his part or an actor can perform in his play for the crowds. The artists can also choose to advertise their performance on digital platforms.
The Copyright Law grants the moral rights of paternity and integrity to the creators. The right of paternity or attribution indicates that the creator can maintain authorship over his work and have it attached to him. That is, whoever wants to reproduce or change the original work has to provide due credit to the author or else the author has the right to take the actions against the maker. For example, if a person needs to make a movie out of a book, he/she must properly acknowledge the author. The right of integrity preserves the right of the holder and lets him/her claim damages when someone changes, damages or alters his work creating disputation to his name and work.
The copyright holder may distribute his work in any form by reproducing, selling, renting, leasing or lending. He/she can also assign particular rights to a person to either copyright the work partly, entirely or subject to some limitations.
Infringement of Copyright
Copyright protection gives exclusive rights to the owners of the work to reproduce the work enabling them to derive financial benefits by exercising such rights. If any person without authorization from the owner exercises these rights in respect of the work, which has copyright protection, it constitutes an infringement of the copyright. If the reproduction of the work is carried out after the expiry of the copyright term, it will not amount to infringement.
Section 51 of the Act contemplates situation in which a copyright shall be deemed to be infringed. This section states that a copyright is infringed when any person without a license granted by the owner of the copyright or the Registrar of Copyrights or in contravention of the conditions of a license so granted or of any condition imposed by a competent authority-
The owner of copyright can sue the person who has infringed the copyright in his work in the District Court having the jurisdiction and shall be entitled to all such remedies by way of injunction, accounts and damages and otherwise as are conferred by law for the infringement of the right. However, if the defendant proves that at the date of infringement, he was not aware or had no reasonable grounds for believing that copyright subsisted in the work, then the plaintiff shall only be entitled to an injunction and account of profits made by the defendant by sale of the infringing copies. In this case, plaintiff shall not be entitled to any damages.
What counts as infringement of copyright?
What does NOT counts as infringement of copyright?
Frequently Asked Questions (FAQs)
Ans. Copyright registration is a right provided to the authors to protect their original work being stolen or duplicated and gives you a confirmed legal right over your creation. It gives the individual owner with the package of rights like the right of reproduction, right of translation, etc.
Ans. Prepare a copyright application and file it. After that, you will be allotted a diary no. and waits for the 30 days in case of objection. If there is no objection the authorized person will examine the application and if he/she is satisfied the registration s approved by the registrar. With approval, the quotations will be sent by the registrar to the candidate.
Ans. The basic documents required for the copyright registration Name, Address & Nationality of the Applicant and creator of the work copies of the original work, the ID proof of the owner and Incorporation certificate in case of business.
Ans. Any person or business entity can apply for copyright registration. The individual can be author, creator, musician, photographer, producer, painter, composer, or a company may safeguard their creative by using this legal authority.
Ans. Copyright registration is needed to secure your original work from fraud or unfair advantage. Having copyright over your original work gives proof that this particular work belongs to you only.
Ans. The copyright holder has following rights:
Ans. The use of the copyright symbol is also similar to the use of the trademark symbol, as work does not need to be registered to use it. You can place the copyright symbol on any original piece of work you have produced.
Ans. One can protect all his original works like literary works, computer programs, websites, dramatic scripts, musical lyrics, and artists’ works.
Ans. First, the person who has the rights will send a statutory notice to the person who was involved in the infringement, then the person who the owner of the work can lawyer up to deal with the condition and handle the same.
Ans. Registering the work with the registrar of the copyright office is copyright protection. It produces a public record of the work done and you can claim anyone for copyright violation made.
Ans. After registering the application, the department gives a diary number and waits for 30 days.
If the examiner comes up with an error, the same need to be settled within 45 days. Hence, it takes approx. 1-2 months in the normal course in the registration of the copyright.
Ans. No, you cannot register your name or title. Name or titles can only get trademark registration.
Ans. Unfortunately, there is no way to do so. The only way out of this is to do proper research work on Google. But do not limit to Google, expand your research sources.
Ans. You can send him/her a legal notice regarding the same. But if no action is taken from the second party then you can file a case against him/her and sue them in court.
Ans. In the case of jewellery, both copyright and design laws apply. It is better to take copyright protection on the pictures of the design as artwork due to the extensive protection given under copyright law than that given under the design laws.