Copyright is a form of intellectual property protection granted under the Indian Copyright Act 1957, to the creators of original works of authorship such as literary, dramatic, musical, artistic works and producers of cinematograph films and sound recordings and certain other intellectual works. 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. This protection is available to both published and unpublished works.
Below are some of the works that can be protected under Copyright Act:-
√ Literary works
√ Artistic works
√ Musical works, including any accompanying words
√ Dramatic works, including any accompanying music
√ Pantomimes and choreographic works
√ Pictorial, graphic, and sculptural works
√ Motion pictures and other audiovisual works
√ Sound recordings
√ Architectural works
Benefits of Copyright Registration:
Below are some of the benefits of registering your copyright works:-
Registering your copyright protected work provides evidence that you are the owner of your work.
Copyright Registration is generally required before you can pursue an infringement action against someone who used your work without authorization.
Copyright owner can take legal action against any person who infringes the copyrighted work. The copyright owner is entitled to remedies by way of injunctions, damages and accounts.
Registration helps preempt the defense of “innocent infringement” for infringers who claim they didn’t know the work was copyright protected.
Duration for obtaining Registration Certificate:
The duration for obtaining registration certificate generally takes around 12 to 15 months.
Validity of Copyright:
The term of copyright varies according to the nature of the work and whether the author is a natural person or a legal person, e.g. a Corporation, Government Institution, etc., or whether the work is anonymous or pseudonymous.
In the case of literary or musical works or artistic works, other than photographs, have a life span, which extends for the life of the author and 60 years from the end of the year in which the author dies. However, if the work has not been published, performed, or offered for sale or broadcast during the life of the author, the copyright protection shall continue for a period of 60 years from the end of the year in which any of these acts are done relating to the work.
Cinematograph films, photographs and computer programs are protected for 60 years from the end of the year in which the work is made available to the public with the consent of the owner of the copyright or published, or, failing such an event, for 60 years from the end of the year in which the work is made. Sound recordings are protected for 60 years from the end of the year in which the recording is first published.
For broadcasting, the term is 25 years from the beginning of the calendar year following the year, in which the broadcast was made.
In the case of anonymous or pseudonymous works, the copyright is for 60 years from the end of the year in which the work is made available to the public with the consent of the owner of the copyright or from the end of the year in which it is reasonable to presume that the author died, which ever term is shorter.