If the work comes under the purview of the protection of the copyright act of 1957.
If it is an original expression
If it is present in a tangible medium (Books, CD’s, Photograph)
In India the protection lasts for lifetime of the author + sixty years from the beginning of the calendar year next following the year in which the author dies. For example: If the author dies in Nov 2019, the copyright protection period kicks in from 01 Jan 2020 for the next sixty years. For Posthumous works until sixty years from the beginning of the calendar years next following the year in which the work is first published.
• An application (including all the particulars of the work and the statement of the particulars) has to to be sent to the registrar of copyrights in the format of FORM IV. The application should be accompanied by a requisite fee (http://copyright.gov.in/frmFeeDetailsShow.aspx)
• It is to be noted that each work needs to be registered as a separate application.
• Each application needs to be signed by the applicant as well as the advocate in whose favour the POA or the Vakalatnama is executed.
• Issuance of a diary number by the registrar which puts the application to a mandatory waiting time for a period of 30 days for any objections to be received.
• If there are no objections received within 30 days, the application will be checked for discrepancies if any. Upon clearance, the registration of the work is done and an extract will be sent to the registrar for the entry in the Register of Copyright.
• If any objection is received, the examiner sends a letter to both the parties about the objections and are assigned a hearing date.
• After the hearing, if the objections are resolved the scrutineer will scrutinize the application. Accordingly, the application is either approved or rejected as the case may be. The decision of the scrutinizer is final.
The Indian Copyright law of 1957 provides copyright protection for the work within the boundaries of India. For International filings the application may be filed as per the norms of various treaties of which India is a signatory.
• Berne Convention for the Protection of Literary and Artistic works.
• Universal Copyright Convention.
• Convention for the Protection of Producers of Phonograms against Unauthorised Duplication of their Phonograms.
• Multilateral Convention for the Avoidance of Double Taxation of Copyright Royalties.
• Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement.
Mere listing of ingredients is not copyrightable. However, the expression and methodology to execute the combination of ingredients to prepare a recipe can be copyrighted.
The drawings and expression of the drawings as an architectural works are copyrightable. However, some designs may be so common that they hold no protection.
