Copyright
Copyright, one of the form of intellectual property law, offers exclusive
rights for protecting the authorship of original & creative work like
dramatic, musical and literary in nature. Symbolized as "©",
here the term 'exclusive rights' mean that the holder has the right to
determine who will be credited with the work, who will perform the work and
who will be benefited financially from it. However, copyright does not
extend any protection to the facts, methods of operation, system, ideas
except to the ways in which they can be expressed.
Being a copyrighted item does not mean that other person can't use or write
on subject matter of particular item. For e.g, if a person has written on a
new motor cycle and he has copyrighted his article then it means that other
person can't use that article but he is free to write his thoughts on the
similar motor cycle. Copyright holder does not hold the rights by
themselves. Instead of it they relinquish it to publishers or big companies
by entering into the contractual agreement. Generally copyright is
enforceable as a civil cases but in some jurisdiction, there are criminal
infringement statutes. Criminal Sanctions are made for targeting the
counterfeiting work. There are innumerable factors which determine the
length of the duration term. Like the nature of work, the status of work
i.e, whether it is published or unpublished and finally whether the work has
been created by single person or group. Generally in various part of the
world, the copyright has been granted for whole life of the author plus for
50 or 70 years.
Indian Copyright Act, 1957
The Indian copyright act facilitates the owner for reproducing or reusing
their copyrighted items, to prepare its derivate, to public their work and
to distribute copies of their creative items. Copyright aims to protect the
work of creator, transformed in a tangible form of expression. It includes
art work, plays, movies, shows, various types of music, sound and songs,
books, manuscripts, written work and all types of images, photos, pictures,
drawings, graphics.
Copyright Registration
Copyright comes into effect as soon as the work is done and no formalities
are required to be follow. However, certificate of copyright registration
and entries made there upon serves as the prima facie evidence, at the time
of any dispute, in the court. But there is a procedure exist for registering
the both published/unpublished work in the Register of Copyrights,
maintained in the Copyright Office of the Department of Education. If the
work has been registered as the unpublished in the Register of Copyright but
subsequently it is published then the requisite changes can be make by the
applicant in the Register of Copyright with addition to prescribed fees.
Procedure of Copyright
It is required to be in written form duly signed and authenticated by
assignor or by his authorized agent. It should legibly specified the amount
of work and rights which are assigned to the other person. To avoid
emergence of conflict in near future, time with duration and territorial
area should be explicitly mentioned. It should clearly specify the royalty
which is required to be paid to author or his legal representative. The
mentioned assignment should be clearly subject to termination, extension on
terms & conditions duly agreed and signed by both parties. There are
some acts which have been put under the head of 'copyright infringements' -
- Preparing infringing copies for the purpose of selling or hiring or
let them to be hire by third party.
- Authorizing for the performance of work in such public places where
such performance gives result to the copyright infringement.
- Making distribution of the infringe copies for trading with a motto
of affecting prejudicially the copyright owner interests.
- Public exhibiting the infringing copies for the purpose of trade.
- Importing the infringing copies into the India.
Advantages of Copyright
Copyright helps in protecting the original published/unpublished work, that
can be fall under the different heads of literature, musical, dramatic,
artistic and intellectual. If we say the economic and social development of
the nation relies upon the creativity skills of its people, then there would
be no exaggeration. Copyright helps in making a protective shield, which is
conducive for the growth rate of writers, artists, producers, musicians,
cinematographic artists and induce them towards indulging into more creative
work. By copyrighted their creation, copyright holder can enjoys following
rights -
- One can use, re use, reproduce the copies and can sell the copies.
- One can import or export whole or part of work.
- One is free to create any derivative work.
- One can publicly demonstrate its work.
- One can sell or pass its rights to other person.
- One can indulge in transmitting or displaying work by radio or video.
Copyright Protection for Foreign Work
In case of the foreign work, only those work of nations are protected in
India which are the member of the Berne Convention for the Protection of
Literary and Artistic Works, Universal Copyright convention and the Trade
Related Aspects of Intellectual Property Rights (TRIPS) Agreement through
the International Copyright Order. Similarly to grant protection to the
Indian work in throughout the world, India has also entered into the below
international conventions on copyright and neighboring (related) rights -
- Berne Convention for the Protection of Literary and Artistic works.
- Universal Copyright Convention.
- Multilateral Convention with the motto of protecting the producers of
phonograms against the phonograms duplication done unauthorizedly.
- Trade Related Aspects of Intellectual Property Rights Agreement
(TRIPS).
Copyright Law Administrating Body
The Indian Government has established Copyright Enforcement
Advisory Council (CEAC) as an apex body for dealing in copyright related issues. No
special courts have been set up for hearing cases pertaining to copyright
related matters. The act facilitates the person to either contact directly
to the board or take the help of normal courts regarding copyright issues.
The board is not only taking care of infringe cases but also govern all the
issues related to copyright in India. The Copyright Board is quasi judiciary
in nature and it comprises of 2 or more but less than 14 members. The
chairman of the board enjoys the same level that of High Court Judge.
Registered Copyright Societies in India
- Society for Copyright Regulation of Indian Producers for Film and
Television
- The Indian Performing Right Society Limited
- Phonographic Performance Limited