Copyright is a right given by the law to creators of literary, dramatic, musical and artistic works and producers of cinematograph films and sound recordings. 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.
Copyright ensures certain minimum safeguards of the rights of authors over their creations, thereby protecting and rewarding creativity. Creativity being the keystone of progress, no civilized society can afford to ignore the basic requirement of encouraging the same. Economic and social development of a society is dependent on creativity. The protection provided by copyright to the efforts of writers, artists, designers, dramatists, musicians, architects and producers of sound recordings, cinematograph films and computer software, creates an atmosphere conducive to creativity, which induces them to create more and motivates others to create.
THE COPYRIGHT ACT, 1957
THE COPYRIGHT ACT, 1957
Frequently Asked Questions
Ques: What is the scope of protection in the Copyright Act, 1957?
Ans: The Copyright Act, 1957 protects original literary, dramatic, musical and artistic works and cinematograph films and sound recordings from unauthorized uses. Unlike the case with patents, copyright protects the expressions and not the ideas. There is no copyright protection for ideas, procedures, methods of operation or mathematical concepts as such (Please see Article 9.2. of TRIPS).
Ques: Does copyright apply to titles and names?
Ans: Copyright does not ordinarily protect titles by themselves or names, short word combinations, slogans, short phrases, methods, plots or factual information. Copyright does not protect ideas or concepts. To get the protection of copyright a work must be original.
Ques: Is it necessary to register a work to claim copyright?
Ans: No. Acquisition of copyright is automatic and it does not require any formality. Copyright comes into existence as soon as a work is created and no formality is required to be completed for acquiring copyright. However, certificate of registration of copyright and the entries made therein serve as prima facie evidence in a court of law with reference to dispute relating to ownership of copyright.
Ques: Where I can file application for registration of copyright for a work?
Ans: 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. On-line registration through “E-filing facility “ has been provided from 14th February 2014, which facilitates the applicants to file applications at the time and place chosen by them.
Ques: What is the procedure for registration of a work under the Copyright Act, 1957?
Ans: The procedure for registration is as follows:
a) Application for registration is to be made on Form XIV ( Including Statement of Particulars and Statement of Further Particulars) as prescribed in the first schedule to the Rules ;
b) Separate applications should be made for registration of each work;
c) Each application should be accompanied by the requisite fee prescribed in the second schedule to the Rules ;
d) The applications should be signed by the applicant. The Power of Attorney signed by the party and accepted by the advocate should also be enclosed, if applicable.
e) The fee is to be paid either in the form of Demand Draft or Indian Postal Order favouring “Registrar Of Copyrights Payable At New Delhi” or through E payment Each and every column of the Statement of Particulars and Statement of Further Particulars should be replied specifically.
f)The fee is either in the form of Demand Draft,Indian Postal Order favoring “Registrar Of Copyright Payable At New Delhi” or through E payment Each and every column of the Statement of Particulars and Statement of Further Particulars should be replied specifically.