INTRODUCTION TO COPYRIGHT
In this 21st century we have lots of ideas in our mind and daily life and we are creating thousands of product with our hard efforts to give the shape of our idea in the society but if the product is not registered in our name than the benefit of that product must be taken by someone else by illegal means and that why a copyright is needed in this advanced generation for the protection of our valuable ideas and the concepts.
copyright means the right provided by the statues to the authors/originators/creators of different kinds of works, as enumerated in the Copyright Act. The right of authors/originators/creators includes the right of reproducing, communicating to the public etc.
(II) OBJECT OF COPYRIGHT
The Copyright Act was enacted in order to encourage the originality, creativity of the
writers, artists, designers, dramatists, musicians, architects and producers of sound
recordings, cinematograph films and computer software and to discourage the unlawful
production thereof by any other person, without permission, consent and leave of owner
of copyright. The basic object of Copyright Act to create an conducive atmosphere in
order to encourage the creativity.
(III) BENEFIT OF COPYRIGHT
There are may benefit of owner/holder of a copyright. As afore mentioned , the copyright
provides the owner of a copyright to use the same exclusively (viz: to reproduce, perform,
record, broadcast, or translate or adapt the works or authorize other to do these thing for
a valuable consideration) . The details of few of the benefits of the copyright in general,
have been given here in below:
(a) Reproducing the work
(b) Issuing the copies of the work to the public
(c) Performing the work in public
(d) Communicating the work to the public
(e) Making the cinematograph film or sound recording in respect of the work
(f) Making any translation or the adaptation of the work
KINDS OF COPYRIGHT
There can be different kinds of art work which are subject matter of protection under the
copyright Law in India:
(a) literary work (Computer programs are covered under the literary work)
(b) dramatic work
(c) musical work
(d) artistic works
(e) cinematograph films
f) sound recording etc.
PROCEDURE FOR OBTAINING COPYRIGHT REGISTRATION IN INDIA:
1.The registration of copyright in India at the Copyright office India.
2.No objection certificate from the Registrar of Copyright by filing the request on Form TM-60.
3.The author, owner or a person interest may file the application on Form – IV.
4.The Copyright Office, Department of Education, Ministry of Human Resource Development, B – 2/W – 3, Curzon Road Barracks, Kasturba Ghandhi Marg, New Delhi – 110001
THE APPLICANT FOR A COPYRIGHT REGISTRATION IS REQUIRED TO FURNISH THE FOLLOWING INFORMATION, /DOCUMENTS
(a) Name, address and Nationality of the Applicant.
(b) Nature and interest of the applicant in the copyright work.
(c) The Details and description of the copyright work.
(d) The name and title of the copyright work.
(e) The name, address and the nationality of the author of the Copyright, applied for.
(f) Whether is published or that the same is an unpublished work.
(g) In the work is published, then the year of the first publication of the copyright work.
(h) The specimen copy of the copyright has to be filed with the application.
LEGAL REMEDIES AVAILABLE IN INDIA
- Civil Remedy: The author/Owner of a Copyright may sue for infringement of copyright by filing a Suit for permanent injunction , there by the owner of a copyright can obtain an interim injunction orders against the infringers.
- Criminal Remedy: The punishment for the offence of infringement of copyright, as provided under the Copyright Act is imprisonment for six months (minimum) which may extend upto maximum for one year with the minimum fine of Rs. 50,000/- (minimum) which may extend upto maximum for Rs. One Lakh.