The copyright in a particular work denotes the bundle of exclusive rights which are accorded to the creators of literary, dramatic, music, artistic work, cinematograph film and sound recordings. The safeguard of copyright is strictly provided to original works, however, the ‘modicum of originality’ required for qualifying a work as ‘original’ is usually low. Thus, even transformative works are usually protected by copyright. These rights have been delimited under the Copyright Act of 1957.
In case of a literary, dramatic or musical work, computer programme, cinematograph film (video) and sound recording the Copyright holder has following rights:
The general rule is that copyright lasts for 60 years. In the case of original literary, dramatic, musical and artistic works the 60-year period is counted from the year following the death of the author. In the case of cinematograph films, sound recordings, photographs, posthumous publications, anonymous and pseudonymous publications, works of government and works of international organisations, the 60-year period is counted from the date of publication.
The registration of a copyright in India offers several incontrovertible rights to the owner. For instance, it upholds the uniqueness of the copyrighted work by empowering the owner of the copyright to exclude others from using the work without the former’s consent. Additionally, the registration of the copyright allows the owner to license and/or grant permission to others to use the copyrighted work. The registration accords several proprietary rights to the owner by allowing him/her to disseminate, reproduce, translate, and/or completely assign the copyrighted work to third parties. In recent years, the experienced copyright team at Vohra & Vohra has assisted several of its clients in getting their copyright registered for their respective works.
The automation of copyright comes into place as soon as a particular idea is expressed in a tangible form. Thus, the author does not require the formal registration process to uphold his copyright claim over an original unpublished work.
Copyright existing in works existing before the promulgation of TCA came into force, i.e. before January 21, 1958 can be registered if the said work still enjoys copyright protection and has not been already made available on the public domain. Additionally, when a work has been registered as unpublished and subsequently it is published, it is open for the applicant to apply for changes in accordance with the particulars entered in the Register of Copyright.
The Copyright Office has been set up to provide registration facilities to all types of works and is headed by a Registrar of Copyrights and is located at Plot no. 32, Boudhik Sampada Bhawan, Sector 14, Dwarka, New Delhi- 110075. The applications are also accepted by post. Online registration through an “E-filing facility“ has been provided, which facilitates the applicants to file applications at the time and place chosen by them.
Yes. Computer Software or programme can be registered as a ‘literary work’. As per Section 2 (o) of the Copyright Act, 1957 “literary work” includes computer programmes, tables, and compilations, including computer databases. ‘Source Code’ and “Object Code” have also to be supplied along with the application for registration of copyright for software products.
After you file your application and receive a 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 to remove the same. Therefore, it may take around 2 to 3 months for registration of any work in the normal course. The cooperation of the applicant in providing necessary information is the key to speedy disposal of the matter.
As per rule 70(12) of the Copyright Rules, 2013, an opportunity of hearing must be given. However, only after hearing, it may be decided to register the work or to reject it. The applicant himself or his/her pleader may appear in the hearing.
As per section 72 of the Copyright Act, 1957 any person aggrieved by the final decision or order of the Registrar of Copyrights may, within three months from the date of the order or decision, appeal to the Intellectual Property Appellate Board (IPAB).
An App may be registered as a computer program under literary works as provided under Section 2(o) of the Copyright Act, 1957. For this purpose, the applicant is required to submit an application for registration under the software category, accompanied by the source and object code as provided under Rule 70 (5) of the Copyright Rules 2013.
It is important to note that the registration will cover any screen displays generated by that program, provided that the computer program (code) generating the screen display is submitted by the applicant. Mere snapshots of screen displays of an app are not eligible for copyright protection.
The Copyright Society governs the task of issuing and granting licenses regarding the copyrights held by authors and owners of specific works. Further, the Copyright Society may also manage the collection of royalties on behalf of the authors and/or owners of copyright; since the Society can track and keep a vigil over the usage of copyrighted works.
Authors and other owners of copyright in any work cannot keep track of all the uses of his work. The copyright society can keep a vigil over the uses and collect royalties from the users of those works.
Presently there are three registered copyright societies in India, namely;
The law of copyright accords protection to a wide range of works which include (but are not limited to) literary pieces, dramatic work and/or plays, artistic works, musical recordings, cinematographic films, etc.
However, the law of copyright does not accord any protection to the following works,
To register copyright in India, several documents are considered essential. For instance, in the case of a literary work, there has to be a non-objection certificate (NOC) from the publisher if the work being published is not a work of the publisher, a NOC from a person whose picture appears on the work. If the same is for a commercial transaction, the ID proof of the owner and its incorporation certificate is considered mandatory. Apart from this, the registration form is to be accompanied by two copies of the original work, KYC of author/publisher, Search Certificate from the Trademark Office (if applicable) as well as a government-issued ID proof of the author of the work.
When an unknown printer took a galley of type and scrambled it to make a type specimen book.
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