Copyright:

Copyright is a type of intellectual property right. Authors who have original works such as works of
literature (including computer programs, tables, collections, computer datasets, expressed in words,
codes, schemes, or in any other context, along with a device readable medium), dramatic, musical, and
artistic works, cinematographic films, and audio recordings are all awarded copyright safeguards under
Indian law. Instead of protecting the ideas themselves, Copyright Law safeguards manifestations of
ideas. Literary works, theatrical works, musical works, creative works, cinematographic films, and sound
recordings all have copyright protection under Section 13 of the Copyright Act of 1957. For instance, the
Act protects literary works such as books and computer programs.

The term “copyright” refers to a collection of exclusive rights that Section 14 of the Act grants to the
owner of the copyright. Only the copyright owner or another person who has permission to do so from
the copyright owner may exercise these rights. These rights include the ability to adapt, reproduce,
publish, translate, and communicate with the public, among other things

A copyright is essentially a right not to copy someone’s work. A copyright gives the owner of the subject
an exclusive right over his work. If a work is protected by copyright, no one can imitate, copy or
reproduce the original work in any other way. A term of copyright in India is 60 years. Copyright can be
taken for the following works:

1. Music

2. Books

3. Manuscripts

4. Films

5. Training Manuals

6. Software

7. Literary Work

8. Performance

9. Paintings etc

10.

In India matters related to copyright are governed by the Copyright Act in 1957, which was subsequently
amended in the year 1994 and 2002. Copyright cannot be granted in some cases like:

1. Copyright cannot be said to be violated if the idea or concept of any person is used in a different
manner.

2. Copyright is not granted for ideas.

3. Copyright is not granted in live events.

Rights of the copyright owner

Right of Reproduction

This is the most prominent right which is acquired after the copyright protection. This right authorizes
the person having such copyright to make copies of the protected work in any form. In the modern
context copying, a song on a Compact Device or any sound and visual recording can be considered as a
reproduction of the content. Prior to copying the permission of the author is required unless it can be
shown that such copying is not intended to make any commercial benefits out of it.

Right to Distribute

Right to distribute is an off-shoot of the right of reproduction. The person who owns the copyright
owner may distribute his work in any manner he deems fit. The owner is also entitled to transfer the
whole or some rights in favour of any other person while retaining others. For example, he can entitle
any person to translate his work.

Right to make Derivative Works

The copyright has the right to use his work in various ways, for instance making adaptations or
translations. One example of adaptation is making a movie based on a novel, so here to make any
derivative work the consent of the owner is mandatorily required. In these situations, certain other
rights of the owner also come into play, like the right to integrity which protects the owner against
deformation, defacement or modification of his work in a way that it is harmful for his reputation.

Right to Publicly Perform

The owner of the copyright has the right to publicly perform his works. Example, he may perform
dramas based on his work or may perform at concerts, etc. This also includes the right of the owner to
broadcast his work. This includes the right of the owner to make his work accessible to the public on the
internet. This empowers the owner to decide the terms and conditions to access his work.

Right to Follow

This right is granted generally only to the authors and artists. This empowers the authors to obtain a
percentage of the subsequent sales of his work and is called Droit de Suite or Right to Follow. The right is
also available to artists on resale of their work.

Right of Paternity

The Right of Paternity or Attribution gives the copyright owner a right to claim authorship of the work.
Under the Right of Paternity a copyright owner can claim due credit for any of his works. Thus, if a movie
is produced based on a book by an author, and he hasn’t been given due credit in it, he can sue the
makers to acknowledge his work.

Sui Generis Rights

The ordinary copyright law often fails to protect the computer software and databases since the
essential element of creativity is not present in such databases. Therefore, there was a need for new law
to protect such software and databases. The law of sui generis was introduced to resolve the problem of
resolving databases on the whole. A database is a compilation or arrangement of information which may
not be creative; it may still require protection from unauthorized copying. However, this may require
certain modifications such as the making of copies has to be excluded from such copyright protection.
Such database right exists for a fifteen year period.

Creative Commons (CC)

This is an exception to the reproduction rights which are attained by the owner. According to this right,
any person can make copies of the copyright protected work if it is proved that such copying is for
educational purpose and that there is no commercial motive behind such copies being made.

Civil and criminal remedies of copyright.

The civil remedies for copyright infringement are covered under Section 55 of the Copyright Act of 1957.
These civil remedies include damages, injunctions, interpretation of accounts, destruction and delivery
of infringed copies and damages for conversion.

The criminal remedies, for infringement of copyright, are provided under Section 63 of the Copyright Act
1957. These criminal remedies include imprisonment, fines, search and seizure of infringing goods, etc.
The imprisonment can range up to 3 years but cannot be less than 6 months and the fine ranges from
50,000 to 2,00,000 rupees.

Why should one get their work registered under the copyright law?

It is not mandatory to get copyright protection but always advisable to do so because it will give the
owner a certain set of minimum rights over his work and the protection that no one will be able to copy
his work for a minimum period of time. This satisfaction will always motivate the owner to do more
work and create more items.

What is the procedure to obtain a copyright registration?

To obtain the copyright registration the following process has to be followed:

● An application (including all the particulars and the statement of the particulars) in the format of
FORM IV has to have to be sent to the registrar along with the requisite fees (mentioned in the
Schedule 2 of the act.). A separate application has to be made for separate works

Fees for different works have been given by the government in this link:
http://copyright.gov.in/frmFeeDetailsShow.aspx

● Every application has to be signed by the applicant as well as an Advocate in whose favor a
Vakalatnama or a POA has been executed

● The registrar will issue a Dairy No. and then there is 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 scrutinizer will check the application for
any discrepancy and if no discrepancy is there, the registration will be 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 will send a letter to both the parties about the
objections and will give them both a hearing.

● After the hearing, if the objections are resolved the scrutineer will scrutinize the application and
approve or reject the application as the case may be.