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| Copyright |
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| What is copyright? |
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| Defining Copyright in straight forward words is very easy, one can say that copyright means “Exclusive Right to Copy Original Work”. Copyright is a branch of Law of Intellectual Property and is protected by the Indian Copyright Act 1957. Copyright is a legal right, given exclusively to the creator/originator (or assignee) to make further copies for publication and public performance of work. Elaborately describing copyright is a legal right given to the creator of literary (including computer programs, tables and compilations including computer databases which may be expressed in words, codes, schemes or in any other form, including a machine readable medium), dramatic, musical and artistic works and producers of cinematograph films and sound recordings. It is very necessary to make it clear that the copyright law does not protect the idea but protects only the method of expression of idea. |
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| Is it compulsory to register copyright? |
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| No, It is not compulsory under the Indian Copyright Act to register copyright. “inherent protection” is available to the holder without registration of work |
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| Why should one register copyright? |
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| Registration of the work is highly recommended because there are certain benefits available to registered copyright work only, For example, in an infringement suit or in a criminal complaint. As the details of the work are on the register of copyrights, it is a prima facie evidence, and admissible in all courts; which can not be denied. |
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| Meaning of certain important words in The Copyright Act, 1957. |
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“Artistic work” as per section 2[c] of The Copyright Act, 1957 means, -
[i] a painting, a sculpture, a drawing (including a diagram, map, chart or plan), an engraving or a photograph, whether or not any such work possesses artistic quality;
[ii] work of architecture; and
[iii] any other work of artistic craftsmanship.
“Author” as per section 2[d] of The Copyright Act, 1957 means, -
[i] In relation to a literary or dramatic work, the author of work;
[ii] In relation to musical work, the composer;
[iii] In relation to an artistic work other than a photograph, the artist;
[iv] In relation to a photograph, the person taking the photographer.
[v] In relation to a cinematograph film or sound recording, the producer; and
[vi] In relation to any literary, dramatic, musical, or artistic work which is computer generated, the person who causes the work to be created;
“Computer Programme” as per section 2[ffc] of The Copyright Act, 1957 means, -
a set of instructions expressed in words, codes, schemes or in any other form, including a machine readable medium, capable of causing a computer to perform a particular task or achieve a particular result.
“Work” as per section 2[y] of The Copyright Act, 1957 means, -
[i] A literary, dramatic, musical or artistic work;
[ii] A cinematograph film;
[iii] A sound recording; |
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| What is covered under copyright? |
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| In India literary, artistic, dramatic, musical and other works, including computer programs, photographs, sound recordings, cinematographic films and other electronically disseminated information, as well as Engineering drawings, sculptures and engravings are covered under copyright. |
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| Advantages of copyright |
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By registering your copyright you will have irrefutable proof of first ownership of your intellectual property.
This proof can be used in a court of law in alleged cases of copyright infringement. When faced with an alleged case of copyright infringement you need this proof. Proving the date of creation can be a problem. Copyright registration can make the proof on this point a lot easier. By registering it you will have an individually numbered certificate of registration of copyright relating to that particular copyright work. |
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| Procedure of obtaining copyright |
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• The application is filed at the office of Registrar,
• Thereafter, the application is examined and either application is moved forward for registration or objections are raised,
• If objections are raised, the same has to be removed,
• The certificate is issued by the copyright office. |
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| Information required |
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• Full Name, Address and Nationality of Applicant & author [if applicant and author are two different person]
• General Power of Attorney duly executed by the proprietor, partner or one of the Directors of the company in favour of advocate as the case may be.
• A specimen of the work to be applied as copyright. (4 sets of CD-ROM Disc in case of computer program).
• A copy of Memorandum & Articles of Association or a copy of Partnership Deed as the case may be
• Documentary proof of publication in India, if any.
• In case of computer program brief description of software.
• Detail list of first publication of the work in all countries and the year of publication.
• In case of labels, which can be used as trademark, firstly clear copyright search certificate has to be received from the trademark registry & only thereafter, application for copyright can be filed in the copyright office |
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| Address of copyright Office |
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Copyright office
B-2/W-3, Curzon Road Barracks,
Kasturba Gandhi Marg,
New Delhi - 110001 |
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