Copyright-Faqs

Copyright is part of Intellectual Property Right used to protect the works of original creator. The purpose of copyright is to prevent the unauthorised copying of work. 

Copyright protection includes Literature, Drama, Music, Book, Art, Imagery, Graphic Design, Sculpture, Architecture, Choreography, Pantomime, Painting, Film, Computer Programme, Database, Advertisement, Map, Drawing, Motion Picture, and Sound Recording and alike.

Copyright ensures certain minimum safeguards of the rights of authors over their creations, thereby protecting and rewarding creativity.

The term Copyright is defined under Section 14 of Copyright Act, 1957 read with Copyright Rules, 2013.

Scope and duration of protection provided under Copyright law varies with the nature of the protected work.

In order to protect the interests of users, some exemptions has been prescribed in respect of specific uses of works enjoying Copyright. Some of the exemptions are the uses of the work –

• for the purpose of research or private study;
• for criticism, appreciation or review;
• for reporting current events;
• in connection with judicial proceeding;
• performance by an amateur club or society if the performance is given to anon-paying

audience; and

• the making of sound recordings of literary, dramatic or musical works under certain conditions.

Copyrights of works of the Countries (WIPO) mentioned in the International Copyright Order is protected in India.

Copyright protects the expressions and not the ideas. Therefore, there is no Copyright on an idea.

Ans. Copyright protects the expressions and not the ideas. Therefore, there is no Copyright on an idea.

Copyright doesn’t ordinarily protect titles by themselves or names, short word combinations, slogans, short phrases, methods, plots or factual information.

No. There is no copyright over news. However, there is Copyright over the way in which a news item is reported.

Steps for filing Copyright registration application are:

1. Go on Copyright Registration URL –

https://copyright.gov.in/UserRegistration/frmLoginPage.aspx

2. Click onto new user Registration, if you have not yet registered
3. After click on to link “Click for online Copyright Registration”
4. Complete the Form XIV;
5. Make the payment through Internet Payment gateway
6. After successful submission of the form, Diary Number will be generated (Please note it for future reference).
7. Note that –
8. Artistic Work to be uploaded in pdf/jpg format;
9. Sound Recording Work to be uploaded in mp3 format;

III. Literary/Dramatic, Music and Software work to be uploaded in pdf format, less than 10 MB.

Work means any of the following, namely, a literary, dramatic, musical, artistic work, cinematograph film, or a sound recording etc.

Artistic work means-

• a painting, a sculpture, a drawing (including a diagram, map, chart or plan), an engraving or a

photograph, whether or not any such work possesses artistic quality;

• a work of architecture; and
• any other work of artistic craftsmanship.

“Work of joint authorship” means a work produced by the collaboration of two or more authors in which the contribution of one author is not distinct from the contribution of the other author(s).

“Musical work” means a work consisting of music and includes any graphical notation of such work but doesn’t include any words or any action intended to be sung, spoken or performed with the music. A musical work need not be written down to enjoy Copyright protection.

“Sound recording” means 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. A phonogram and a CD-ROM are sound recordings.

“Cinematograph film” means 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 a sound recording accompanying such visual recording and “cinematograph” shall be construed as including any work produced by any process analogous to cinematography including video films.

“Government work” means a work which is made or published by or under the direction or  

           control of –

• the government or any department of the government;
• any legislature in India, and
• any court, tribunal or other judicial authority in India.

In case of a Government work, Government shall, in the absence of any agreement to the contrary, be the first owner of the Copyright therein.

In case of a work made or first published by or under the direction or control of any public undertaking, such public undertaking shall, in the absence of any agreement to the contrary, be the first owner of the copyright therein.

“Indian work” means a literary, dramatic or musical work,

• the author of which is a citizen of India; or
• which is first published in India; or
• the author of which, in the case of an unpublished work is, at the time of the making of the

work is a citizen of India.

Ordinarily the author is the first owner of Copyright in a work.

Author –

• In case of a literary or dramatic work, person who creates the work;
• In case of a musical work, the composer;
• In case of a cinematograph film, the producer;
• In case of a sound recording, the producer;
• In case of a photograph, the photographer;

In case of a computer generated work, the person who causes the work to be created.

It is necessary to obtain the licences from each and every owner in the sound recording. This would, inter alia, include the producer of the sound recording, the lyricist who wrote the lyrics, and the musician who composed the music.

In case of a literary, dramatic or artistic work made by the author in the course of his employment by the proprietor of a newspaper, magazine or similar periodical under a contract of service or apprenticeship, for the purpose of publication in a newspaper, magazine or similar periodical, the said proprietor shall, in the absence of any agreement to the contrary, be the first owner of the Copyright in the work in so far as the Copyright relates to the publication of the work in any newspaper, magazine or similar periodical, or to the reproduction of the work for the purpose of its being so published, but in all other respects the author shall be the first owner of the Copyright in the work.

In case if work is made in the course of the author’s employment under a contract of service or apprenticeship, the employer shall, in the absence of any agreement to the contrary, be the first owner of the Copyright therein.

In the case of a photograph taken, or a painting or portrait drawn, or an engraving or a cinematograph film made, for valuable consideration at the instance of any person, such person shall, in the absence of any agreement to the contrary, be the first owner of the Copyright therein.

Yes. The owner of the Copyright in an existing work or the prospective owner of the Copyright in a future work may assign to any person the Copyright either wholly or partially and either generally or subject to the limitations and either for the whole term of the Copyright or any part thereof.

It shall be in writing signed by the assignor or by his duly authorised agent. It shall identify the specific works and specify the rights assigned and the duration and territorial extent of such assignment. It shall also specify the amount of royalty payable, if any, to the author or his legal heirs during the assignment and the assignment shall be subject to revision, extension or termination on terms as mutually agreed by the parties.

Where the assignee doesn’t 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.

If the period of assignment is not stated, it shall be deemed to be five years from the date of assignment.

If the territorial extent of assignment of the rights is not specified, it shall be presumed to extend within the whole of India.

The author of a work may relinquish all or any of the rights comprising the Copyright in the work by giving notice in the prescribed form to the Registrar of Copyrights.

Rights in case of a literary work are –

• 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.

In case of a dramatic work, rights are –

• 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.

In case of an artistic work, rights are –

• 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.

In case of a musical work, rights are –

• 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.

In the case of a cinematograph film, rights are

• 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.

In case of a sound recording, rights are –

• 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.

Translation of an original work is also protected under the Copyright law.

Yes. Computer programmes are protected under the Copyright Act, 1957. They are treated as literary works.

No. A person can’t translate a work enjoying copyright without the permission of the copyright owner.

The general rule is that Copyright lasts for 60 years.

• In case of original literary, dramatic, musical and artistic works the 60-year period is counted from the year following the death of the author;
• In case of cinematograph films, sound recordings, photographs, posthumous publications, anonymous and pseudonymous publications, works of government and works of international organisations, the 60-year period is counted from the beginning of the calendar year following the date of publication.

Copyright Enforcement Advisory Council (CEAC) is the regulatory body for Copyright matters.

The following are some of the commonly known acts involving infringement of Copyright –

• Making copies for sale, hire or letting them for hire;
• Performance of Copyright works in public without prior permission of the owner;
• Infringement of copyright;
• Distributing copies for the purpose of trade or to such an extent so as to affect;
• Any act that prejudicially affect the interest of the owner of the Copyright;
• Public exhibition of copies by way of trade; and
• Importation of infringing copies into India.

A Copyright owner can take legal action against any person who infringes the Copyright in the work. The Copyright owner is entitled to remedies by way of injunctions, damages and accounts.

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

Yes. Any person who knowingly infringes or abets the infringement of the Copyright in any work commits criminal offence under Section 63 of the Copyright Act.

The minimum punishment for infringement of Copyright is imprisonment for six months but which may extend to three years and with the minimum fine of  ₹ 50,000/- but which may extend to ₹2,00,000/-.