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COPYRIGHT REGISTRATION EXPLAINED
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.
The Copyright Act, 1957 protects original literary, dramatic, musical and artistic works and
cinematograph films and sound recordings from unauthorized uses. Unlike the case with patents,
copyright protects the expressions and not the ideas. There is no copyright protection for ideas,
procedures, methods of operation or mathematical concepts as such
Copyright protection will be available if the following two conditions are fulfilled:
- Originality, meaning that the work owes it origin to the author. Originality is different from novelty. An author of the work need not be the first to articulate the ideas or create the work.
- Reduction into tangible form. For a work to be protected, it must be written down, drawn, painted or taped. Mere oral expression of idea will not qualify for copyright protection.
Any work which falls under any of the categories mentioned above and the work seeking to be copyrighted must be original; however, it is not necessary that the work should have some original thought or idea. The law is only concerned about the originality of the expression of thought.
Categories of works of authorship can include but are not limited to; Literary, Dramatic (including accompanying music) and Musical (including accompanying words or lyrics), Choreographic (including Pantomimes), Pictorial, Graphic, Sculptural, Computer Programs, Motion Pictures, Audiovisual and Sound recordings and Architectural works.
The subject matter of Copyright is generally described as an original creation of authorship that must be fixed in a tangible medium of expression. The works as now known or as later developed, must exist in some physical form. Virtually any form of expression will act as a tangible medium from which they can be reproduced or communicated, directly or using a machine or a device.
The duration of the protection depends on the type of copyright.
In case of ‘literary work’ Copyright lasts for the life span of the author and for sixty years after the author’s death.
The same principle applies to joint authorship (two or more), with the copyright lasting for the life span of the longest surviving author and sixty years after the longest surviving authors death.
In the case of anonymous and psydonoumous work the copyright will subsist for sixty years from the date of publication.
Copyright in photographs will subsists for sixty years from the next calendar year of publication.
Copyright for cinematographic films will be sixty years from the next calendar year of publication.
Copyright for sound recording will be sixty years from the next calendar year of publication.
Most countries have acts of law relating to intellectual property and copyright issues with regard to their citizens rights. These countries are usually signatories to the numerous world treaties and agreements on copyright. Copyright laws are fairly similar worldwide. Many countries insist that for a work to be protected in their territories, there must be a publication within their territory within one year of the first publication. This requirement can be complied with by sending an e-mail with the attachment of the protected work to an addressee in other territories.
A copyright grants protection to the creator and his representatives for the works and prevents such works from being copied or reproduced without his/ their consent.
The creator of a work can prohibit or authorize anyone to:
- reproduce the work in any form, such as print, sound, video, etc;
- use the work for a public performance, such as a play or a musical work;
- make copies/recordings of the work, such as via compact discs, cassettes, etc.;
- broadcast it in various forms; or
- translate the same to other languages
As per the Act, “work of joint authorship” means a work produced by the collaboration of two or more authors in which the contribution of one author is not distinct from the contribution of the other author or authors. Thus the Act recognizes joint authorship. Joint authors fully enjoy all of the rights granted by the Act, as mentioned previously. The term of copyright of a work of joint authorship is calculated with respect to the author that dies last.
Under Indian law, registration is not a prerequisite for acquiring a copyright in a work. A copyright in a work is created when the work is created and given a material form, provided it is original.
However, the Act provides for a procedure of copyright registration. Such registration does not confer any special rights or privileges with respect to the registered copyrighted work. The Register of Copyright acts as prima facie evidence of the particulars entered therein. The documents purporting to be copies of the entries and extracts from the Register certified by the Registrar of Copyright are admissible in evidence in all courts without further proof of original. Thus, registration only raises a presumption that the person in the Register is the actual author, owner or right holder.
In infringement suits and criminal proceedings, when time is of essence to obtain urgent orders, registration is of tremendous help. Copyright notice is not necessary under the Indian law to claim protection.
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. In case any objection is filed, the Registrar of Copyrights after giving an opportunity of hearing to both the parties, may decide to register the work or otherwise.
If no objection is filed the application is examined by the examiners. If any discrepancy is found the applicant is given ordinarily 45 days time to remove the same. Therefore, it may take around 2 to 3 months time for registration of any work in the normal course.
Yes, the process for GST registration is online completely. You can do everything in the personalised dashboard we provide for you.
In such a case, you will receive a legal notice from the third party, claiming that you have copied or reproduced their registered work. We can help you reply to the legal notice and in the further litigation process.
A mobile application cannot be copyrighted as such; however, the coding can be copyrighted as literary work and other elements can be filed as different copyright applications.