Copyright is the exclusive right by law to do certain actions in respect of literary, dramatic, musical and artistic works and producers of cinematograph films and sound recordings. Copyright does not protect the specific idea or information or content but it protect the form and manner in which it is represented. It is applicable on a wide range of innovative, intellectual, scholarly, or artistic forms or works. The copyright symbol ‘©’ (the letter C inside a circle) is used by the owner who have registered copyright.
The intellectual properties protected under copyright laws are as follows:
Literary works- it includes works published under books, articles, journals, periodicals, manuscripts, computer programs and database.
Artistic work means includes painting, a sculpture, a drawing, an engraving or a photograph, whether or not any such work possesses artistic quality; a work of architecture; and any other work of artistic craftsmanship.
Musical work includes a work consisting of music and includes any graphical notation of such work but does not include any words or any action intended to be sung, spoken or performed with the music
Sound recording includes a recording of sounds from which sounds may be produced regardless of the medium on which such recording is made or the method by which the sounds are produced. A phonogram and a CD-ROM include this.
Cinematograph film includes any work of visual recording on any medium produced through a process from which a moving image may be produced by any means and also includes a sound recording.
It covers all published as well as unpublished works.
Copyright in works published before 21st January, 1958, i.e., before the Copyright Act, 1957 came in force, can also be registered, provided the works still enjoy copyright. For this, three copies of published work shall be sent along with the application.
If the unpublished work is to be registered, a copy of the manuscript along with the application for affixing the stamp of the Copyright Office in proof of the work having been registered need to be sent. In case, if you send two copies of the manuscript, one copy with duly stamped will be returned back while the other copy will be restored for record purpose in the copyright office will be kept confidential.
The applicant are fee to send just the extract from the unpublished work rather than whole manuscript and ask for the return copy of the extract duly signed and stamped with the seal of the copyright office.
If a work has been registered as unpublished and subsequently if it is published, the applicant may apply for changes in particulars in Form V with prescribed fee to copyright Office.
Terms –The term of copyright is, in most cases, the lifetime of the author plus 60 years thereafter.
Copyright and Innovation
In fact, it is a bundle of rights including rights of reproduction, adaptation and translation of the work and communication to the public. It ensures certain minimum safeguards of the rights of original creators over their creations, thereby protecting their creativity. Creativity being the foundation of encouragement and progress, no civilized society can afford to ignore the basic requirement of encouraging the same. The protection in the form of right provided by copyright to the efforts of artist ,writers, dramatists, musicians, architects and producers of sound recordings, cinematograph films and computer software.
The procedure for registration is as follows:
- Application for registration is to be made on as prescribed in the first schedule to the Rules to the Copyright Department.
- For each work to be covered under copyright, separate application should be made.
- Each application should be accompanied with requisite fee as prescribed in the second schedule to the Rules.
- In whosoever name a Vakalatnama or Power of Attorney has been executed, that person should sign the application. Power of Attorney duly signed by the party and accepted by the advocate should also be enclosed therein.
- It takes mandatory 30 days so that no objection is filed in the Copyright office against your claim that particular work is created or owned by you.
To apply for Copyright Registration click here
Visit: Aapka Consultant to get Online Services of CA CS & Lawyers.