Copyright is a form of Intellectual property right to protect literary and artistic works of an author.
A work is an outcome of the creativity of an author.
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).
The works may include: Literary works both fiction and non-fiction, dramatic works, musical works including composition of a song and the lyrics, artistic works like paintings and sculptures etc.
Patents involve inventions, Trademarks involve brand or Logo, whereas copyrights involve expressions.
Author under the copyright law is the creator of the original expression in a work. For example: Composer of a song, Author of a novel, Film Producer etc.
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.
Copyright protection is automatic. However, copyright registration entitles the creator of the work the economic rights.
An application (including all the particulars of the work and the statement of the particulars) has to be sent to the registrar of copyrights in the format of FORM IV along with the requisite fee.
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 of 30 days for objections.
If no objections are received within 30 days, the application is checked for discrepancies and upon clearance registration is completed.
If objections are received, both parties are informed and a hearing is assigned. After hearing, the application is either approved or rejected. The decision of the scrutinizer is final.
A Standard Copyright Application allows multiple applicants, titles, authors, and claimants appropriate to the work being registered.
The rights of a copyright owner can be assigned to any other person by way of an assignment.
According to the Indian Copyright Act, 1957 a prospective owner of copyright of a future work may also assign his rights partially or wholly.
The Indian Copyright law of 1957 provides protection within 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.
It is a short form of copyright. This symbol normally precedes the year of registration and the owner’s name. Example: © 2019 Instagram.
The Registrar of Copyrights is the head of the Copyright Office under the Department of Industrial Policy and Promotion of the Ministry of Commerce and Industry and is in-charge of implementation of the Copyright Act.
Though this is still being debated, a human author behind the work executed through AI is considered the actual author.
Software can be protected under copyrights. Software program “per se” in India normally qualifies as a literary work.
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 architectural works are copyrightable. However, some designs may be so common that they hold no protection.
