What is Copyright ?
Copyright is a right given by the law to creators of literary, dramatic, musical and artistic works and producers of films and sound recordings. In fact, it is a bundle of rights including rights of reproduction, communication to the public, adaptation and translation of the work. In a layman’s language , a copyright is an exclusive right granted to the owner in order to protect his work from being copied, exploited or misused.
What all things are protected under a copyright ? Copyright protects the expression of ideas (e.g. words and illustrations). Ideas alone are not protected. The following may be protected under copyright law: Literary works (e.g., written books, source codes of computer programs) Dramatic works (e.g.,. scripts for films and dramas) Musical works (e.g., melodies) Artistic works (e.g., paintings, photographs) Published editions of the above works, etc.
Why should one get their works copyright? By registering your copyright work, you create a public record of your work and a concrete proof that you are the owner of the creative work If someone copies your work, you can sue them for copyright infringement Copyright owners have the exclusive right to: ▪ to reproduce the work in any material form ▪ to issue copies of the work to the public ▪ to perform the work in public, or make any translation or adaptation of the work ▪ to sell, give on hire, or offer for sale a copy of work
2 copies of the work DD/ online payment (only if registering online) of the amount applicable. Power of attorney, if filed through attorney. If yours is an artistic work then you would also require a search certificate from trademark office in TM60. If yours is a computer software, then source code and object code of the work are also required for verification NOC from legal heirs , if the author is deceased NOC from publisher (if the work published and publisher is different from applicant) NOC from author (if the applicant is different from author) Documents Required.
Obtaining a copyright certificate is slightly complex procedure.
The process or the workflow of a copyright in India is a usually classified into 3 stages which are :
▪ Filing ▪ Examination ▪ Registration Filing includes ,
filing of The application with complete details and copies of the work . Then the has to wait for a period of 30 days mandatorily for any objection that may be filed against the claims of the applicant Thereafter in the examination stage – the application is examined and objections, if any, are raised, or any extra documents required are requested. A response has to be filed within 30 days. And lastly in the registration stage , The certificate is issued by the copyright office after the objections, if any, are removed to the satisfaction of the Copyright Registry
1. R. G. Anand vs Deluxe Films [AIR (1978) SC 1613]
It is prominent to note that the Hon’ble Supreme Court of India in this case held that the play and the film were surrounded by similar theme. But it is an established principle that a simple idea is not to be considered as the subject matter of copyright. In this case, the story put forth two apprehensions of the theme. Going further, it also dealt with the tribulations caused by caste discrimination and dowry.
It was held not to be an instance of copyright infringement, since the resemblance was minimal and not substantive replica of the original play. Here the court stated that the dissimilarities countered more over the similarities. Consequently, when the play was watched together with the film, a prudent individual would not conclude that both are similar. All the elements including the scene by scene depiction, the climax, representation, etc, is significantly picturised different from what is depicted in the play. Finally, this case failed to fulfill the requirements of copyright infringement.
REQUISITES FOR FILING A COPYRIGHT APPLICATION
1. Name, address and nationality of the applicant 2. Name, address and nationality of the author of the work
3. Nature of applicant’s interest in the copyright i.e. OWNER / LICENSEE etc.
4. Title of the work
5. A declaration signed by the author (if different from the applicant)
6. Language of the work
7. Whether the work is published or unpublished 8. If the work is published, year and country of first publication and name, address and nationality of the publisher
9. Year and countries of subsequent publications, if any
10. Name, address and nationality of any other person authorized to assign or license the rights in the copyright
11. Power of attorney for the firm
12. Six hard copies of the work and three soft copies
PROCEDURE TO GRANT COPYRIGHT
a. The application with complete details and copies of the work is filed
b. Thereafter, the application is examined and objections, if any, are raised, or any extra documents required are requested
c. A response has to be filed within 30 days
d. The certificate is issued by the copyright office after the objections, if any, are removed to the satisfaction of the Copyright Registry
LEGISLATION The Indian law of copyrights is enshrined in the Copyright Act, 1957. The Act seeks to provide for the registration of copyrights in India. The object of copyright law is to encourage authors, artists and composers to create original works by rewarding them with exclusive right for a fixed period to reproduce the works for commercial
It is to be noted that the Act is a full comprehensive regulation which stands on the pillar that the works of the owners shall not be stolen. This Act is drafted in consonance with the English and the American Intellectual Property Laws. This Act is determined to provide safeguards to the owner as well as the ‘work’. In India, copyright is considered as an architectural work which will subsist only if the work is located in the country of its origin that is India.