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WHAT WE DO - COPYRIGHT

DISSOLVE THE DISPUTE RELATING TO OWNERSHIP. GET THE COPYRIGHT REGISTERED

The Copyright Act, 1957 protects original literary, dramatic, musical and artistic works and cinematograph films and sound  recordings from unauthorized uses. The protection provided by copyright to the efforts of writers, artists, designers, dramatists, musicians, architects and producers of sound recordings, cinematograph films and computer software, creates an atmosphere conducive to creativity, which induces them to create more and motivates others to create.

COPYRIGHT

Class of work

Literary Work

Dramatic work

Artistic work

Musical work

Cinematographic films

Sound recordings

Definition

any literary writings, as well as computer programs, tables, compilations and computer databases

                              

Any piece for recitation, choreographic work or entertainment

a painting, sculpture, a drawing, an engraving or photograph, a work of architecture; and any other work of artistic craftsmanship

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

any work of visual recording on any medium produced through a process from which a moving image may be produced by any means and includes sound track and video film

a recording of sounds from which sounds may be produced regardless of the medium on which such recording is made or the method by which the sounds are produced.

Examples- a phonogram and a CD-ROM

 

Rights

(Except computer program)

•To reproduce the work

•To issue copies of the work to the public                           

•To perform the work in public                                           

•To communicate the work to the public.                             

•To make cinematograph film or sound recording in respect of the work               

•To make any translation of the work                                 

•To make any adaptation of the work.

•To reproduce the work                               

•To communicate the work to the public or perform the work in public                                     

•To issue copies of the work to the public                               

•To include the work in any cinematograph film                                       

•To make any adaptation of the work

•To make translation of the work

•To reproduce the work                       

•To communicate the work to the public                          

•To issue copies of the work to the public                             

•To include the work in any cinematograph film

 •To make any adaptation of the work

•To reproduce the work                                

•To issue copies of the work to the public                             

•To perform the work in public                                 

•To communicate the work to the public                                    

•To make cinematograph film or sound recording in respect of the work

•To make any translation of the work                                       

•To make any adaptation of the work

•To make a copy of the film including a photograph of any image forming part thereof                                        

•To sell or give on hire or offer for sale or hire a copy of the film             

•To communicate the cinematograph film to the public.

•To make any other sound recording embodying it              

•To sell or give on hire, or offer for sale or hire, any copy of the sound recording

•To communicate the sound recording to the public

 

First Owner

(Ordinarily, author of a work is the first owner of the Copyright)

The author, i.e., the person who creates the work

In case, literary work made in course of employment or publication in newspaper/magazine or other periodical the first owner is Employer in respect of copyright relating to publication or reproduction. In all other respect: Author

In relation to any literary work which is computer generated, the person who causes the work to be created;

The author, i.e., the person who creates the work

In case, dramatic work made in course of employment or publication in newspaper/magazine or other periodical the first owner is Employer in respect of copyright relating to publication or reproduction. In all other respect: Author

In relation to any dramatic work which is computer generated, the person who causes the work to be created;

 In relation to an artistic work other than a photograph, the artist

In relation to a photograph, the photographer

In case, photograph taken, painting or portrait drawn or engraving made for valuable consideration at instance of other person the first owner is such other person at whose instance the work was performed

 

The composer

In relation to any, musical work which is computer generated, the person who causes the work to be created;

The producer

In case, cinematographic film made for valuable consideration at instance of other person the first owner is such other person at whose instance the work was performed

The producer

 

     Registration of copyright

Copyright need not be registered. However, given the issues of infringement, it is advisable to register, since the certificate of registration of copyright and the entries made therein serve as prima facie evidence in a court of law with reference to dispute relating to ownership of copyright. Proving the date of creation can be also a problem. Copyright registration can make the proof on this point a lot easier.

 

Requirements for filing

Both published and unpublished works can be registered.

Applicant’s particulars

·   Name

·   Address

·   Nationality

 For corporate entities

·   Country of incorporation

·   Nature of entity (e.g. private limited company, public listed company)

Author’s particulars (if the author is deceased, the date of his decease)

·   Name

·   Address

·   Nationality

Copyright Particulars

·   Form IV;

·   Statement of Particulars, in triplicate;

·   Statement of further particulars, in triplicate;

·   Separate applications should be made for registration of each work;

·   A declaration signed by the author (if different from the applicant)

·   A No Objection Certificate;

         ·   Copyright Notice;

·   Copy of the work in five copies;

·   Power of Attorney;

·   Requisite fee;

 

E-filing

On-line registration through “E-filing facility” is also available, which facilitates the applicants to file applications at the time and place chosen by them.

 

Software program

Computer Software or program can be registered as a ‘literary work’. As per Section 2 (o) of the Copyright Act, 1957 “literary work” includes computer programs, tables and compilations, including computer databases.

'Source Code’ has also to be supplied along with the application for registration of copyright for software products. Computer program and documentation accompanying the program must be separately registered without combining with the computer program in a single application.                                                                                                   

In addition to all the rights applicable to a literary work, owner of the copyright in a computer program enjoys the rights to sell or give on hire or offer for sale or hire, regardless of whether such a copy has been sold or given on hire on earlier occasion.

 

Prosecution

  • Removal of official objections & submission
  • Compliance of objections of the official report of re-examination
  • Attending hearing

 

Assignments, Licensing & transfer

 

Assignment  

The owner of the Copyright in an existing work or prospective owner of the Copyright in a future work may assign to any person the Copyright, either wholly or partially in the following manner:

§        For the entire world or for a specific country or territory; or

§        For the full term of Copyright or part thereof; or

§        Relating to all the rights comprising the Copyright or only part of such rights                                                                              

 

Mode of transmission  

§     It shall be in writing signed by the assignor or by his duly authorized agent

§    It shall identify the specific works and specify the rights assigned and the duration and territorial extent of such assignment

 

 Where the assignee does not exercise the rights assigned to him within a period of one year from the date of assignment, the  assignment in respect of such rights shall be deemed to have lapsed after the expiry of the said period unless otherwise specified in the assignment.

             

Licenses

Owner or prospective owner of the copyright may grant any interest by license in writing.

 

Compulsory License

A petition for compulsory license can be made to the Copyright Board on the grounds that the work is withheld from the public  because:-                            

  • The owner has refused to republish or allow the republication of work or has refused to allow the performance of the work in public.
  • The owner has refused to allow the communication to the public by broadcast of such work or in the case of a sound recording, the work recorded in such sound recording.                                                                              

For grant of license a proposal has to be advertised in at least one English daily newspaper having circulation in major cities. Thereafter an application on above grounds and with a copy of said advertisement has to make before Copyright board.

The board after holding prescribed inquiry may direct the registrar to grant the license subject to payment of royalty and conditions as may be decided by the Board.

 

License to Produce Translation

Any person may apply to produce and publish a translation of literary or dramatic work after period of seven years from first publication of work

An application can be made after three years in case of Literary or dramatic work other than an Indian work for translation in any language in general use in India for purpose of teaching scholarship or research.

In case such translation is in language not in general use in any developed country, the application can be made in a period of one year.

 

Copyright infringement

The District Court concerned has the jurisdiction in civil suits regarding copyright infringement.

Acts involving infringement of copyright are:

  • Making infringing copies for sale or hire or selling or letting them for hire;
  • Permitting any place for the performance of works in public where such performance constitutes infringement of copyright;
  • Distributing infringing copies for the purpose of trade or to such an extent so as to affect prejudicially the interest of the owner of copyright ;
  •  Public exhibition of infringing copies by way of trade; and
  • Importation of infringing copies into India;   

The following remedies are available to the owner of the Copyright on infringement.

  • Injunction
  •  Damages

 

 
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