Copyright registration and its term of protection In India
Intellectual Property Rights are the legal rights that are granted to a person for any creative and artistic, for any invention or discover, or for any literary work or symbols and designs. The owners of intellectual property rights are granted certain exclusive rights to use their intellect property for a limited period of time without any sort of disturbance from others. There are many types of intellectual property rights such as Trademarks, copyright, patent, design, geographical indications. In India Intellectual Property is governed under Patent Act, 1970, Trademarks Act, 1999, Copyright Act, 1957, Design Act, 2001 etc.
One of the most important forms of protection granted Intellectual property law is copyright registration govern by the Copyright Act, 1957.There is not the statutory definition of copyright under the Act, the general connotation of the term copyright refers to the word “copy” means transcript, imitation, and reproduction of an original writing, painting, instrument or the like. It is an incorporeal right granted to the author or originator of certain literary or artistic production whereby he is invested for a specified period with the exclusive right of multiplying the copies of the same, publish, and sell them. It is monopoly right retraining the others from exercising that right which have been conferred on the owner of the copyright under the provisions of the Act.
Copyright Law in India
In India, copyrights are protected and governed by the Copyright Act 1957 . Under the Act, all copyrights registrations are submitted to the Registrar of Copyrights, appointed by the Central Government.
Copyright subsists in 3 general classes of work-
- Original literary, dramatic, musical and artistic works;
- Cinematographic films; and
- Sound recordings.
Some of the Exclusive rights granted to the author of the copyright are as follows:
- To reproduce work in any material form
- To issue copy of the work in public
- To perform and communicate the work in public
- To make any cinematographic film or sound recordings in respect of the work
- To make any translation of the work
- To make any adaption of the work
Concept of Author and Ownership of Copyright
The author of the work depends upon the nature of the work. An author may create work on his own behalf or at the instance of another person for valuable consideration. Following are some works and author for that.
- Literary or dramatic work - Creator of the work
- Musical work- composer
- Artistic work-Artist
- Photograph- who takes it
- Cinematography films-Producer of the film
- Sound recording-Sound producer
Since there is no copyright in ideas even if they are original, the originator of the brilliant ideas is not the owner of the copyright in the work, he must also be the creator of that work. The copyright subsists not in the ideas but in the tangible form in which it is expressed.
Online Forms For copyright registration
- Application form for Registration of Copyright ( Form – XIV)
- Application form for Registration of changes in particulars of Copyright ( Form – XV)
- Application Form for the Relinquishment of Copyright ( Form – I)
Documents required for copyright registration
- Power of attorney
- nature of applicant interest in copyright
- titile of the work
- language of work
- class and description of work
Why Should Copyright be protected?
The copyright act has been enacted to check the piracy, i.e the infringement of rights under the Copyright Act so that the fruits of labor put by the author or the copyright owner may be enjoyed by the deserving authors and copyright owners and not the pirates, who indulge in plagiarism and other undesirable and illegal activities of theft of Intellectual property.
The object of the copyright law is to encourage authors, composers, and artists to create original work by rewarding them with the exclusive right for a specific period to reproduce the work for publishing and selling them to the public. It ensures a safeguards for the rights of the authors for their creativity and original work. The very foundation of any intellectual property law is that it does not permit anyone to appropriate to himself what has been produced by the labor, skill, and capital of another. Copyright protection is essential to discourage exploitation of copyright work for the benefit of the public. If the author is not been granted any sort of legal protection for his original work, then any person could ruin his work through piracy and our country’s economic and social development majorly depends on the creativity.
What is the term of protection of copyright?
The term of copyright is fixed to keep in view the interest of the author and the general public. In India the term of copyright varies according to the nature of the work and whether the author is natural person, or other than a natural person. Generally, the term of protection granted in India is of 60 years but here is the list of works and their protection.
Original literary, dramatic, musical and artistic works-60-year period is counted from the year following the death of the author
Cinematograph films, sound recordings-60-year period is counted from the post calendar year following the release of the film
Photographs-60-year period is counted from the beginning of calendar year next following the year in which photograph is published
Broadcast reproduction-25 years from the beginning of the calendar year following the year in which broadcast is made
Government and works of international organizations-60 years from the year next to the year of publication
Posthumous work-60 years from the date of the demise of the author
Anonymous and pseudonymous publications-60 years from the beginning of the calendar year following the year of publication
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