Copyright arises automatically upon creation of a work that falls within the scope of the Copyright Act, and is independent of registration or any formal notification of the existence of Copyright. However, registering a Copyright provides evidence that Copyright subsists in the work and that the person named in the registration is the owner of the Copyright. Registration also constitutes sufficient notice of the existence of Copyright to support entitlement to a claim to damages for Copyright infringement.
Copyright means the exclusive right given to authors, artists, composers etc to do or authorize others to do certain acts in relation to: (i) Literary, Dramatic or Musical works, not being a computer programme. (ii) Artistic work (iii) Computer Programs (iv) Cinematograph Film and (v) Sound Recording. The main intent behind a Copyright is to encourage the creation of new works by giving authors control of their works and to enable them to profit from such work.
The duration of Copyright in unpublished work is perpetual. Copyright protection in published works is for the life of the author and continues for sixty years from the beginning of the calendar year next following the year in which the author dies. In case of joint authors, the term is 60 years after the death of the author who dies last. For other categories of work such as Records, Photographs, the period of protection is 60 years from the date of first publication of the work. In case of Cinematograph Films 60 years are computed from the date of the first public exhibition.
FAQs
Copyright is a right given by the law to creators of literary, dramatic, musical and artistic works and producers of cinematograph films and sound recordings. In fact, it is a bundle of rights including, inter alia, rights of reproduction, communication to the public, adaptation and translation of the work. There could be slight variations in the composition of the rights depending on the work.
Copyright ensures certain minimum safeguards of the rights of authors over their creations, thereby protecting and rewarding creativity. Creativity being the keystone of progress, no civilized society can afford to ignore the basic requirement of encouraging the same. Economic and social development of a society is dependent on creativity.
The protection provided by copyright to the efforts of writers, artists, designers, dramatists, musicians, architects and producers of sound recordings, cinematograph films and computer software, creates an atmosphere conducive to creativity, which induces them to create more and motivates others to create.
No. Acquisition of copyright is automatic and it does not require any formality. Copyright comes into existence as soon as a work is created and no formality is required to be completed for acquiring copyright. However, certificate of registration of copyright and the entries made therein serve as prima facie evidence in a court of law with reference to dispute relating to ownership of copyright.
a) Application for registration is to be made on Form XIV ( Including Statement of
Particulars and Statement of Further Particulars) as prescribed in the first schedule to
the Rules;
b) Separate applications should be made for registration of each work;
c) Each application should be accompanied by the requisite fee prescribed in the
second schedule to the Rules ; and
d) The applications should be signed by the applicant or the advocate in whose favor a
Vakalatnama or Power of Attorney has been executed. The Power of Attorney signed
by the party and accepted by the advocate should also be enclosed.
e) The fee is either in the form of Demand Draft, Indian Postal Order favoring
“REGISTRAR OF COPYRIGHT” Payable At New Delhi or through E payment.
Each and every column of the Statement of Particulars and Statement of Further
Particulars should be replied specifically.
After you file your application and receive diary number you have to wait for a mandatory period of 30 days so that no objection is filed in the Copyright office against your claim that particular work is created by you. If such objection is filed it may take another one month time to decide as to whether the work could be registered by the Registrar of Copyrights after giving an opportunity of hearing the matter from both the parties.
If no objection is filed the application goes for scrutiny from the examiners. If any discrepancy is found the applicant is given 30 days time to remove the same. Therefore, it may take 2 to 3 months time for registration of any work in the normal course. The cooperation of the applicant in providing necessary information is the key for speedy disposal the matter.
