Know All About The CopyRights by Consult my Tax

Copyright :

Copyright is a bundle of rights given by the law to the creators of literary, dramatic, musical and artistic works and the producers of cinematographic films and sound recordings.

Intellectual Property in India :

Intellectual property refers to creations of the mind: inventions; literary and artistic works; and symbols, names and images used in commerce.

Intellectual Property rights are covered by the laws governed by Patents, Trademarks and Copyrights and Designs.

These laws protect the holder of Intellectual property rights from third-party encroachment of these rights.

It also allows them to exercise various exclusive rights over their intellectual property.

Intellectual property is divided into two categories:

Industrial Property includes patents for inventions, trademarks, industrial designs and geographical indications, and;

Copyright is a bundle of rights given by the law to the creators of literary, dramatic, musical and artistic works and the producers of cinematographic films and sound recordings.

The scope and duration of protection provided under copyright law varies with the nature of the protected work.

Copyright can be taken for the following works:

• Artistic work – ‘Artistic Work’ means a painting, sculpture, a drawing, an engraving or photograph.
• Dramatic work – ‘Dramatic Work’ includes any piece for recitation, choreographic work or entertainment.
• Literary Work – The term ‘Literary Work’ refers to any literary writings, as well as computer programs, tables, compilations and computer databases.
• Musical work – ‘Musical work’ means a work consisting of music and includes any graphical notation of such work, but does not include any words or any action intended to be sung, spoken or performed with the music.

Works covered by copyright include, but are not limited to:

novels, poems, plays, reference works, newspapers, advertisements, computer programs, databases, films, musical compositions, choreography, paintings, drawings, photographs, sculpture, architecture, maps and technical drawings.

Rights related to copyright include those of performing artists in their performances, producers of phonograms in their recordings, and broadcasters in their radio and television programs.

Distinction of Trademark from Copyright:

Trademarks are for words, symbols, devices or names that are used to distinguish the goods of one manufacturer or seller from that of another. Any distinctive name, symbol, or word is designated as trademarked with the symbol ™. The trademark notifies others that the product’s name and design are the company’s property. However, this trademark does not protect the company from another company that produces a similar product or uses a similar name. If such a thing were to happen, the original company would have to prove that it produced the name or design first, but still may not have a legal defense without a registration.

What rights do copyright and related rights provide?

The creators of works protected by copyright, and their heirs and successors, generally referred to as "right holders", have certain basic rights under copyright law.

They hold the exclusive right to use or authorize others to use the work on agreed terms.

The right holder(s) of a work can authorize or prohibit:

its reproduction in all forms, including print form and sound recording;

its public performance and communication to the public;

its broadcasting;

its translation into other languages;

and its adaptation, such as from a novel to a screenplay for a film.

Similar rights of, among others, fixation (recording) and reproduction are granted under related rights.

Many types of works protected under the laws of copyright and related rights require mass distribution, communication and financial investment for their successful dissemination (for example, publications, sound recordings and films).

Hence, creators often transfer these rights to companies better able to develop and market the works, in return for compensation in the form of payments and/or royalties (compensation based on a percentage of revenues generated by the work).

The economic rights relating to copyright are of limited duration – as provided for in the relevant WIPO treaties – beginning with the creation and fixation of the work, and lasting for not less than 50 years after the creator’s death. National laws may establish longer terms of protection.

This term of protection enables both creators and their heirs and successors to benefit financially for a reasonable period of time.

Related rights enjoy shorter terms, normally 50 years after the performance; recording or broadcast has taken place.

Copyright and the protection of performers also include moral rights, meaning the right to claim authorship of a work, and the right to oppose changes to the work that could harm the creator’s reputation.

What are the benefits of protecting copyright and related rights?

Copyright and related rights protection is an essential component in fostering human creativity and innovation.

It gives authors, artists and creators incentives in the form of recognition and fair economic reward increases their activity and output and can also enhance the results.

Individuals and companies can more easily invest in the creation, development and global dissemination of their works.

This helps to increase access to and enhance the enjoyment of culture, knowledge and entertainment the world over and also stimulates economic and social development.

Application for Registration of Copyright:

• Application for registration of copyright is made in Form-XIV.

Application for registration of changes in the particulars of copyright entered in the Register of Copyright shall be made in Form-XV.

• It shall be in respect of one work only accompanied by the fee specified in the Second Schedule.
• Should be signed only by the applicant, who may be an author or owner of right.

If the application is submitted by the owner of copyright, it shall be enclosed with an original copy of no objection certificate issued by the author in his favor.

1. For unpublished work application should be accompanied by two copies of the work.
2. For computer programme it shall be accompanied by the source and object code.
3. In respect of an artistic work used or is capable of being used (in relation to any goods or services), such application shall include a statement and be accompanied by a certificate from the Registrar of Trade Marks.
4. An artistic work which is capable of being registered as a design under the Designs Act, 2000, shall be accompanied by a statement in the form of an affidavit containing the following,

(a) it has not been registered under the Designs Act, 2000; and

(b) it has not been applied to an article through industrial process and reproduced more than fifty times.

1. Every such application can be filed in the copyright office by person or by online filing facility as provided on the website of the Copyrights Office.
2. The person applying for registration shall give notice of his application to every person who claims or has any interest in the subject-matter of the copyright or disputes the rights of the applicant to it.
3. If no objection is received by the Registrar of Copyrights within thirty days of the receipt of the application, the Registrar of Copyrights, if satisfied about the correctness given in the application, shall enter in the Register of Copyrights.
4. If the Registrar of Copyrights receives any objections within the time specified in or, if he or she is not satisfied about the correctness given in the application, he or she may, after holding such inquiry as he or she deems fit, enter such particulars of the work in the Register of Copyrights as he or she considers necessary.
5. The Registrar of Copyrights shall give an opportunity of hearing before rejecting any application filed for registration of any work.
6. The process of registration is completed only when a copy of the entries made in the Register of Copyrights is signed and issued by Registrar of Copyrights or by Deputy Registrar of Copyrights.
7. The Registrar of Copyrights shall, send, wherever practicable, a copy of the entries made in the Register of Copyrights to the parties concerned.

Fees :

• The fees payable under the Act in respect of any matter shall be as specified in the Second Schedule.
• The fees may be paid to the Registrar of Copyrights, New Delhi, by a postal order or a bank draft issued by a Scheduled Bank as defined in the Reserve bank of India Act, 1934, or by deposit into a Government Treasury or a branch of the Reserve Bank of India or the State Bank of India under the head of account: Major Head—0070; 60 Other Services; Minor Head—113; Copyright Registration Fees or by payment gateway provided in online-filing facility of the Copyright Office website copyright.gov.in.

Details of processing fee : [source]

What is the term of protection of copyright?

The general rule is that copyright lasts for 60 years.

Original literary, dramatic, musical and artistic works the 60-year period is counted from the year following the death of the author.

Cinematograph films, sound recordings, photographs, posthumous publications, anonymous and pseudonymous publications, works of government and works of international organizations, the 60-year period is counted from the date of publication.

Application Form for Registration of Copyright : [source]

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