Copyright

Overview

         Copyright is a kind of intellectual property protection like trademark and patents. Copyright registration is done under the Copyright Act, 1957 before the Registrar of Copyrights. With copyright registration, you become a legal owner of your creative work in respect of books, paintings, music, website, video, etc. Copyright registration with the registrar secures the creative work of the author the same cannot be copied by any other. No person or any entity is allowed to use the same without the permission of the author or creator. The author is entitled to charge others for using his work or changing it. Copyrights registration safeguards the rights of the inventor from infringement.

          Copyright registration in India grants its proprietor or creator or owner exclusive, sole rights to distribute, replicate, reproduce the work or give authorization to another entity for the same. It offers a bunch of rights – communication to the public, rights of reproduction, adaptation, and translation of the work. However, ideas, procedures, methods of operation or mathematical concepts cannot be copyrighted.

What can be protected under Copyright?

  • Books
  • Computer programs
  • Website 
  • Broadcasts on Radio and Television
  • Published editions
  • Cinematography film
  • Sound recording
  • Musical work & Sound recording
  • Artistic work like paintings, photographs
  • Original literary others

Benefits of Registering the Copyright in India.

             Registering copyright in India for books, music pieces, movies, website, painting, original literary work, photography, software programs, etc. gives the author the following benefits:

  • If work gets copyrighted, then it is made available free on the public records, thereby creating the ownership.
  • In the case of copyright infringement, the authors can sue the infringers to secure their work and claim statutory damages.
  • The Registered copyright can be applied for creating and marketing a sense of goodwill along with quality. This helps in creating brand for our entity.
  • The owners can record the registration with Indian customs and prevent importing duplicate copies preventing the loss caused to the owner.
  • Any by-product or derivative can be made from the original registered work.
  • The rights can be passed or sold to third-party with no objection of the owner.
  • Copyright protection enables the owners to exhibit their work. And even after the death of the owner, further the protection can be extended for 60 years to the legal heirs.
  • Copyright Protection enables global protection of the work.

Documents Required

  • Name, Address & Nationality of the Candidate – ID proof
  • NOC from the publisher if work published and publisher is different from the applicant.
  • Search Certificate from Trade Mark Office (TM -60) if any
  • NOC from a person whose photograph appears on the work.
  • Power of Attorney
  • 2 Copies of work
  • KYC of author
  • DD/IPO of Rs. per work ((as applicable)
  • NOC from the author if the candidate is different from the author.

Rights of Copyright Owner/Creator

          Under the Indian Copyright Act 1957, copyright preserves the social, economic and legal interests of the author. The copyright owner is allowed to retain the following exclusive rights.

          i) Rights of Reproduction 

The Copyright Act says that no other party can reproduce or make copies of the original work or part of the work unless the copyright owner has authorized to do so. It limits reproduction in the form of printing an edition of a work and recording sound and films.

          ii) Rights of Adaptation 

The copyright owner/creator can choose to use the work whichever way he needs. That is, he/she can build derivatives from the existing work or make new work in the same form or another form based on the original work. The following actions outline the term adaptation as per the Copyright Act:

  • Transforming plays, movies, choreographic shows, and other dramatic works into non-dramatic or literary works like poems, novels, and books
  • Transforming bookish works and artistic works like sculpture, photography, paintings, drawings, etc into dramatic work
  • Change or modification of dramatic and non-dramatic work
  • Pictorial depiction of the work
  • Transcription of musical work
          iii) Right of communication to the public 

Copyright owners can make their work open to the public using broadcast or wireless distribution whether in any or more of the forms of symbols or visual images.

         iv) Right of public performance

The owners of musical work and artistic work can do their works publicly. For example, a musician can play his part or an actor can perform in his play for the crowds. The artists can also choose to advertise their performance on digital platforms.

          v) Right of paternity and integrity

The Copyright Law grants the moral rights of paternity and integrity to the creators. The right of paternity or attribution indicates that the creator can maintain authorship over his work and have it attached to him. That is, whoever wants to reproduce or change the original work has to provide due credit to the author or else the author has the right to take the actions against the maker. For example, if a person needs to make a movie out of a book, he/she must properly acknowledge the author. The right of integrity preserves the right of the holder and lets him/her claim damages when someone changes, damages or alters his work creating disputation to his name and work.

          vi) Right of Distribution 

The copyright holder may distribute his work in any form by reproducing, selling, renting, leasing or lending. He/she can also assign particular rights to a person to either copyright the work partly, entirely or subject to some limitations.