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Saturday, July 23, 2011

Copyright Law and Practice in India

Copyright is a combination of various rights that allows owner of copyright the exclusive right to print, distribute, and copy the work and to prohibit others from doing the same without his consent. It is an original expression of an idea that is subject matter of copyright. Copyright is provided automatically to the author of any original work covered by the law as soon as the work is created. The author does not have to formally register the work and extends to unpublished as well as published works.

Copyright extends to original literary (including computer programmes), dramatic, musical, artistic, cinematographic films and sound recording.

License or assignment
Copyright is a moveable property can be transferred or can be assigned or licensed for a consideration.

Copyright office in India
The only Copyright office in India is located at New Delhi. All Indian and foreign applications have to be filed in New Delhi office for copyright Registration.

Copyright filing requirements in India

Following are the basic requirements for filing of a Copyright application in India:
1. Name, address, nationality and particulars of the applicant (whether individual, society, trust, partnership firms or company)
2. Class and description of work
3. Statement of further particulars
4. Nature of applicant’s interest in copyrighting the work
5. Title of work
6. Language of the work
7. Details of publication of work, if published, including name, address, nationality of publishers
8. Details as to owners of various rights in the work comprising the copyright, including extent of their right and particulars of assignment and license, if any
9. Name, address, nationality of other persons, if any authorised to assign or license the work comprising the copyright.
10. Location of work including name, address, nationality of person in possession of work, in case of an artistic work and completion of year in case of architectural work
11. Certificate from Registrar of trademarks if the artistic work is used or capable of being used in relation to any business
12. 5 copies of the specification (physical form or electronic form)

Term of Copyright
1. In published literary, dramatic, musical and artistic works (other than a photograph) published during lifetime of author- 60 years from first day of following year in which the author dies.
2. In literary, dramatic, musical and artistic works (other than a photograph) published anonymously or pseudonymously- 60 years from first day of following year in which the work is first published. Duration as explained in serial number 1 above, if identity of author disclosed before expiry of term of copyright.
3. In literary, dramatic, musical and artistic works (other than a photograph) published posthumous- 60 years from first day of following year in which the work is first published.
4. In photograph - 60 years from first day of following year in which photograph is first published.
5. In Cinematographic films- 60 years from first day of following year in which film is first published.
6. In Sound recording - 60 years from first day of following year in which sound recording is first published.
7. In works where Government, public undertaking or international organisation is first application - 60 years from first day of following year in which work is first published.
8. In Broadcasting - 25 years from first day of following year in which broadcast is first made.
9. In Performance - 50 years from first day of following year in which performance is first made.

In case of foreign works, the term shall not exceed the term for which the work is originally protected in the country of first publication.

Exception to infringement of copyright
A fair dealing with literary, dramatic, musical and artistic works (not being a computer programme) for private use including research including criticism or review of the work, for purpose of reporting in a newspaper, magazine or similar periodical or by broadcast, sound recording or by photographs or for purpose of a judicial proceeding or for purpose of reporting for judicial proceedings or for instruction for purpose of education or examination.

Licensing and Assignment
Owner of the Copyright can license as well as assign his work. The assignment has to be in writing and must clearly identify the work, duration and territorial extent of such assignment. In case of work under employment, the employer shall be the owner of the work in absence of any agreement to contrary.

Compulsory Licensing
Compulsory Licensing can be invoked under certain circumstances for both published as well as unpublished works. Compulsory licenses can also be sought for the purposes of production and publication of the translation of works.

1 comment:

  1. Copyright safeguard prevails from the moment a design is set and the result is deliver. The copyright quickly becomes the property of the writer who created the work.

    ReplyDelete

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