Copyright Registration in India

What is Copyright?

Copyright is defined as a property right of an original work owned by an individual which is fixed in a physical medium of expression, thereby giving the holder an exclusive right to reproduce, distribute, perform, and display the work. The original work includes literary, musical, artistic, photographic, a film work or a computer programme, etc. Unlike trademark Copyright just has one symbol i.e. © which can be placed on the original piece of work that you have created.

Can we use any work without permission of the owner of the copyright,and if so,which are they?

Yes, there are some specific properties where the work can be used without the permission of the owner;

• Research purposes or for personal study.
• Reviewing/criticizing the copyrighted work.
• Reporting/delivering current facts/events based on it.
• Performance by an amateur club in case the audience is not paying to watch it.
• Under certain conditions even the making of sound

What is a work?

The work here that can be copyright includes the following;

• literature
• music, including the lyrics
• dramatics, including tunes
• signs/parodies and choreographic works
• pictures, graphics, and sculpture
• Movie/Motion Pictures and other audiovisual works
• architecture
• sound recordings

What is not protected by a copyright?

There are various categories of work that generally do not fit in the eligibility criteria for the copyright protection. These include the following;

• works that cannot be fixed in a physical/tangible platform of expression like unrecorded/un-noted choreographic works , or improvisational speeches or performances that do not have a written/recorded proof.
• titles, names, short phrases, and slogans; familiar symbols or designs; mere variations of typographic ornamentation, lettering, or coloring; mere listings of ingredients or contents
• ideas, procedures, methods, systems, processes, concepts, principles, discoveries, or devices, as distinguished from a description, explanation, or illustration
• The facts, figures and information which are common/generic property cannot be considered under the authority of any individual like standard calendars, height and weight charts, tape measures and rulers, and lists or tables taken from public documents or other common source, etc.

What is the validity of a Copyright?

Once you have registered your copyright, the validity depends on a lot of things including whether the work was published or unpublished, the year of publishing and the type of author. E.g. If an individual author's work is published after 2002 then the copyright expires 70 years after the author's death.

• If a corporation owns and publishes the work, then the copyright expires 95 years from date of publication or 120 years from the date of creation, whichever comes first.
• Copyright in case of literary, dramatic, musical or artistic work = Lifetime + 60 years after the death of the author
• In case of joint ownership, the period of 60 yrs would be calculated from the death of the last of the last surviving author.
• Cinematograph films, photographs, computer programs are protected for 60 years from the end of the year in which the work is made public with the consent of the copyright owner.
• Work no longer protected under copyright or created by any government office for civil use is considered in the "public domain" and may be used freely.

What is the need to protect a copyright?

Copyright needs to be protected as it ensures certain minimum safeguards of the rights to the owners/authors/creators and further protecting & rewarding creativity. The economic & social development is dependent on creativity. Efforts of the writers, producers, artists, designers, dramatists, musicians etc are preserved and given recognition which encourages them to create more.

Does Copyright apply to titles and names?

No, a copyright does not protects names, titles or word combinations, phrases, slogans etc. It protects tangible original works.

Who can register a Copyright?

The following persons are legally allowed to submit the copyright application for registration;

• The Author who created the work.
• The Copyright claimant who has obtained the ownership of the right from the author.
• The Authorized Agent who is duly given the responsibility to act on behalf of the author and other copyright claimant.

What is the difference between Copyright & Trademark?

Copyright is defined as a property right of an original work owned by an individual which is fixed in a physical medium of expression, thereby giving the holder an exclusive right to reproduce, distribute, perform, and display the work. The original work includes literary, musical, artistic, photographic, a film work or a computer programme, etc. Whereas, a Trademark gives identity to a brand; it is a recognizable sign, word, design or an expression which is used to identify the goods or services of a seller from those of others. A trademark helps in securing the brand name from being used or misused by the competitors; it also helps prevent confusion and manipulation of consumers, who come to associate with quality and attributes of a distinct brand in particular. A trademark is mostly located on the label, a voucher, or on the product itself.

What are the advantages of a copyright?

• It permits the right to sue an infringer in federal court, in case the owner holds a copyright which is obtained after registration. The copyright owner has the right to oppose any offender who claims the ownership of that particular work.
• Fundamentally, copyright is a private right and depends on an individual in which way he/she wants to implement or use the copyright. It is flexible in nature and is not mandatory to be utilized in the work and can also be assigned to others by the owners.
• Another advantage is benefitting by selling or transferring the copyright. In case any third party wants the copyright then the initial owner has the privilege of deciding whether to sell/transfer the copyright or not.
• The owner can do any deal/agreement while transferring or selling the copyright to the other.
• Copyright safeguards authentic & original work, if the owner is not registered then its easy to exploit the intellectual works without paying any royalties or compensation to the owner of the work.
• It encourages enterprise and creates a favorable climate which in a way stimulates economic activity.