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Copyright in India

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In this article, we are going to discuss about copyrights in India. Copyright is right given to holder which protects work done from being copied by someone else.

Meaning of copyright

Copyright is a right given to holder which protects its work being protected from copying by others. Copyright is usually given to he creators of literary, dramatic, musical and artistic works and the producers of cinematograph films and sound recordings. If a copyright has been given to a work then that work cant be imitated, copied or reproduced in any other way.

Copyright act

The copyright act, 1957 governs the subject of copyright in India. This act has been applicable since 21st January, 1958. The copyright act, 1957 protects original literary, dramatic, musical and artistic works and cinematograph films and sound recordings from unauthorized uses. The copyright act has been amended 6 times since its original creation.

Copyright act, 1957 governs following types of original work-

  1. Original Literary Work
  2. Original Dramatic work
  3. Original Musical work
  4. Original Artistic Work
  5. Cinematography films, and
  6. Sound recordings.

Copyright ability

All works or ideas are not covered under copyright law. Copyright ability is the characteristics of a work that makes it suitable for a copyright. For a work to be copyrightable, it must be an original idea that is put to use.  The idea alone cannot be protected by copyright. Copyrightable works can be divided into following categories-

  • Literary works
  • Musical works
  • Audiovisual works
  • Sound recordings
  • Architectural works etc.

Copyright register

The register of copyright has been divided into following categories-

  • Literary works other than computer programs
  • Musical works
  • Artistic works
  • Cinematography films
  • Sound recording
  • Computer programs

Copyright forms

Different forms are required for copyright registration. Some of the forms used in copyright are-

  1. Application Form for Registration of Copyright (Form-XIV)
  2. Application Form for Registration of changes in Particulars of Copyright (Form-XV)
  3. Application Form for the Relinquishment of Copyright (Form-I)
  4. Proforma for discrepancy letter

Copyright symbol

The copyright symbol or copyright sign is the symbol used in copyright notices of creative works.

Copyright disclaimer

Under section 107 of the Copyright Act 1976 states that copyright disclaimer is interest generated for “fair use” of ideas such as review, comment, news reporting, teaching, scholarship, learning, and research.

Benefits of a copyright disclaimer includes –

  • Copyright disclaimer is an asset to your work.
  • Copyright protects your rights against infringement of your original work.
  • Copyright holder can ask for a financial payment for an illegal use of original work mentioned in copyright disclaimer

Registration of a copyright in India

The registration of a copyright is not mandatory in India. Registration of a copyright is merely considered as recording of facts. The registration does not create or confer any new right and is not a prerequisite for initiating action against infringement.

Duration/Term of copyright

For a original literary, dramatic, musical or artistic work, the duration of the copyright is the lifetime of the author or artist. Even after death of the original creator of the work, copyright is applicable till 60 years after death of the creator.

Importance of registration of copyright

Though registration of the copyright is not mandatory in India, it still offers many advantages, some of them are included below-

  1. Prevention of monetary loss arising from copies being made of the original work.
  2. Legal protection under the law is provided to a registered copyright. in case, where their is no registration for a copyright, it becomes very difficult to prove ownership of a work in case dispute arises. Copyright registration is one of the easiest methods to prove ownership of a original work in legal manner.
  3. Copyright registration is a preemptive measures that dissuades others from making unauthorized use of your work.
  4. Copyright registration creates enough headroom for incentive to create. If you know that your work would be protected by a copyright and it would be impossible to copy your work in future. Then, you can focus on your work single mindedly.
  5. Copyright registration provides a peace of mind to the owner of it.

Registration process for copyright in India

Following steps are required to be followed for a registration of a copyright in India-

  • Filing of application – This steps involves filing of copyright application along with documents on the official copyright website
  • Inspection of copyright application – Examination of copyright application takes place in this step.
  • Copyright registration – In final step, a trademark is finally registered by a authority  and applicant is issued the Extracts of the Register of Copyrights (ROC)

In this article, we have discussed some basic points related to copyright in India such as meaning of copyright, copyright symbol, copyright act and registration of a copyright in India.

We would write detailed articles on each copyright subject in our future article. Meanwhile, you can read our articles on trademark registration and trademark search here.