The Indian law of copyrigts is enshrined in the Copyright Act, 1957. The Act seeks to offer for the registration of copyrights in India. The object of copyright law is to encourage authors, artists and composers to develop original operates by rewarding them with exclusive appropriate for a fixed period to reproduce the operates for industrial exploitation.
What is Copyright
COPYRIGHT is a appropriate offered by the law to creators of literary, dramatic, musical and artistic operates and producers of cinematograph films and sound recordings. In truth, it is a bundle of rights which includes, inter alia, rights of reproduction, communication to the public, adaptation and translation of the operate. There could be slight variations in the composition of the rights based on the operate.
Copyright is the legal protection offered to the creator of an original literary or artistic operate. It is the exclusive appropriate granted by the law to creator of such original operate, to do, authorize, or prohibit specific acts in relation to such operate, thereby guarding and rewarding creativity.
Copyrights subsist in following class of operates:
a) Original literary, musical, dramatic and artistic operates.
b) Cinematograph films
c) Sound recordings
The rights differ according to the class of operate. Copyright also subsists in translations, abridgements or compilations of such operates, supplied the permission of the Copyright holder is obtained. Personal computer programmes are deemed as literary operates and are protected below the Copyright Act. There is no copyright in an notion.
Rights conferred by registration
In basic, registration is voluntary. Copyright exists from the moment the operate is designed. Below Indian law, registration is not needed either for acquiring copyright or for enforcing it in an infringement action. Nevertheless, registration has evidentiary worth in a court of law with reference to dispute relating to ownership of copyright.
Author of copyright
Below the copyright law, the creator of the original expression in a operate is its author. The author is also the owner of copyright, unless there is a written agreement by which the author assigns the copyright to yet another particular person or entity, such as a publisher. In situations of operates created for employ, the provider of the operate is deemed to be the author.
Filing and Prosecuting Copyright Applications
An application for copyright on Type-IV accompanied by 4 copies of the operate is to be created on Type IV ( Such as Statement of Particulars and Statement of Additional Particulars) along with the prescribed charge at Copyright Workplace of the Division of Education, New Delhi. The Copyright Workplace initially delivers a filing quantity and filing date and problems a filing receipt. Thereafter the application is formally examined by the Workplace. Defects will be communicated to the applicant. When the application is located to be in order it is accepted and the Copyright Workplace problems the registration certificate.
Duration of registration
The duration granted for operates of copyright varies based on the form of operate. Literary or musical operates or artistic operates, other than photographs, have a life span, which extends for the life of the author and 60 years from the finish of the year in which the author dies. Nevertheless, if the operate has not been published, performed, or provided for sale or broadcast in the course of the life of the author, the copyright protection shall continue for a period of 60 years from the finish of the year in which any of these acts are completed relating to the operate.
Cinematograph films, photographs and pc applications are protected for 60 years from the finish of the year in which the operate is created out there to the public with the consent of the owner of the copyright or published, or, failing such an occasion, for 60 years from the finish of the year in which the operate is created. Sound recordings are protected for 60 years from the finish of the year in which the recording is very first published.
In the case of anonymous or pseudonymous operates, the copyright is for 60 years from the finish of the year in which the operate is created out there to the public with the consent of the owner of the copyright or from the finish of the year in which it is affordable to presume that the author died, which ever term is shorter.
Use of the “©” symbol
Anybody who claims copyrights in a operate can use copyright notice to alert the public of the claim. It is not important to have a registration to use the designations although it is extremely advisable to incorporate a copyright notice like the symbol, etter “c” in a circle or the word ” Copyright” followed by name of copyright owner and year of very first publication. For instance, © ipfirmsdirectory 1999.
Treatments For Infringement
It is the sole duty of the owner to see that his copyright is not becoming infringed upon by a person else. It is the owner’s duty to file a suit of infringement against the infringer. The reliefs which may well be commonly awarded in such a suit are –
i. Injunctons regardless of whether interim or final.
Criminal action also can be taken on the basis of copyright registration. The minimum punishment for infringement of copyright is imprisonment for six months with the minimum fine of Rs. 50,000/-. In the case of a second and subsequent conviction the minimum punishment is imprisonment for a single year and fine of Rs. a single lakh.
International copyright protection
India is a member of each Berne and Universal Conventions and Indian law extends protection to all copyrighted operates originating from any of the convention nations. Foreign operates very first published in a nation which is a member of either of the Conventions would be accorded the similar copyright protection in India as Indian operates with no undergoing any formalities, on the assumption that the household nation accords reciprocity to Indian operates.