Copyright, being a combination of two words, Copy and Right, simply means the right to copy one original work into duplicates. In Copyright, the original creators have the right to give their authorization to any third party to recreate their work in the instructed manner. Permission to copy the author’s right is usually granted for commercial purposes. Copyrights are registered by artists to secure artistic work such as literary works written by an author, movie scripts by writers, songs by lyricists and music composer, paintings done by artist and so on. These rights are granted to the creator for lifetime and lasts for 60 years past the death of the creator. The Indian Copyright Act, 1957 governs the copyright provisions in India. As it is not mandatory for an artist to register his work, it should always be a preference as registering a work will always grant a certain set of rights to the original artist which can be further enforced in future.
Copyright took a major turn as the world is moving towards technological advancements. With Piracy being rampant on the internet and digital media, it is equally important to protect one’s work. A copyright work uploaded on internet without the owner’s consent is considered as copyright infringement. With the vast amount of data that is seen on the internet, it is highly important to have the ownership rights so as to take legal actions against the infringers. Copyright cases are tried as civil cases where remedies are provided to the aggrieved party. All Intellectual Property cases are tried under the Civil Court of the appropriate jurisdiction.
Copyrights are only said to be infringed when the work is being exploited for commercial purpose. A teacher using a material to teach does not amount to copyright. The work has to be produced with the intention of making commercial profit. Many infringements usually occur in small business where the manufacturers are reproducing work, which are sold in small markets as to not grab attention. Copyright owners can license their originally produced work to be copyrighted and produced by a third party. For example, a movie being produced that is adapted from a novel, or reproduction of a painting or an art, architecture etc. Eventually, Copyright is an Intellectual Property Right, and these rights can be turned into assets which helps in generating revenues for the owner.
A single work can have multiple owners, like for a song produced, the people in question are the song composer, singer, lyricist and so on. In this scenario, a single copyright is handled by multiple people and the ownership is divided equally. India, being a member of the Berne Convention, hence the registration of a work in India is protected overseas in the countries, who are the member of the Berne Convention. Today, 181 countries are a part of Berne Convention. Due to the treaties and convention, and the role of India in being an active member, it is fair to say that the works of the owners are well protected under the Copyright Laws in India.
Before filing a copyright application, it is important to know what all types of work can receive copyright registration in India. Copyright can be applied for the following work, namely:
When a creator creates a work, he automatically becomes the owner of the said work that has been created. However, it is vital to get the work copyrighted as so to have certain remedies at disposal in the event of that work being copyrighted by others for commercial purpose. Filing for copyright creates a user date or a history as to when the work was originally created, thus leaving a public record. The owner of the copyright can further license his work for monetary benefits. Receiving a copyright registration also allows the owner to modify or make changes to the original work in due course of time.
The first and foremost step one needs to execute, is to prepare a Copyright Application containing all the details of the applicant, if the work was created under an employer, then the details of the employers need to be mentioned in the application. The applicant and creator (Author) of the work can differ based on the facts of the work created. The rights are reserved with the applicant. After the preparation of the application, the work needs to be sent to the copyright office in the prescribed format and fees. Prices for fees varies from the category of work that is applied.
After the application is filed, the controller examines the content that is to be copyrighted and sees to it that the work has not been copyrighted by any third party. The integrity of the work is observed and once the application is examined, an examination report is issued. If no objections are raised the work is sent for registration. However, in the event of any objection raised, the applicant needs to file an appropriate reply. There are scenarios where the application is even taken upon hearing if the Controller deems the need to do so.
The application is either refused or allowed registration. Upon registration, a ROC number is allotted towards the said copyright and the same is recorded with the copyright office. Registration gives the applicant the right to reproduce the work for his own welfare and monetary purposes.
At AKSH IP, we value your creativity and with the best team of lawyers with almost a decade of experience in copyright procedure and registration, we stive to get the copyright registration in the most effective and timely manner. With more than 300 copyright registration, our firm excels when it comes to registering your work. Representing numerous artists and creator since the inception of our firm, AKSH IP is more than equipped to handle the needs of your creation and secure the same in your name. From a single design on a merchandise to artworks, sculptures and literary works, we’ve got you covered at every step.
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