basics of copyrights

8/3/2019 Basics of Copyrights

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AS PER COPYRIGHT ACT, 1957


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Copyright is a right given by the law tocreators of literary, dramatic, musical andartistic works and producers ofcinematograph films and soundrecordings.

Copyrights gives its creators the rights of

reproduction, communication to the public,adaptation and translation of the work.


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Why Copyright is necessary ? (Importanceof Copyrights)


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Copyright ensures certain minimum safeguards ofthe rights of authors over their creations, therebyprotecting and rewarding creativity.

Creativity being the keystone of progress, nocivilized society can afford to ignore the basicrequirement of encouraging the same.

Economic and social development of a society is

dependent on creativity. 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 motivatesothers to create.


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Scope of Protection under Copyright Act1957


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The Copyright Act, 1957 protects originalliterary, dramatic, musical and artistic works

and cinematograph films and soundrecordings from unauthorized uses.

Unlike the case with patents, copyright

protects the expressions and not the ideas. There is no copyright protection for :

ideas,

procedures,

methods of operation or mathematical concepts.


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Is it necessary to register the work to claimthe copyright?


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Registration of work is not required at all toclaim the copyright.

Copyright comes into existence as soon asa work is created and no formality isrequired to be completed for acquiringcopyright.

Acquisition of copyright is automatic and itdoes not require any formality.

However, certificate of registration ofcopyright and the entries made therein

serve as prima facie evidence in a court oflaw with reference to dispute relating toownership of copyright.


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Filing application for registration of copyrightfor a work


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The Copyright Office has been set up toprovide registration facilities to all types ofworks.

The Copyright Office is headed by a Registrarof Copyrights and is located in New Delhi.

The applications for registration of works canbe filled at the counter provided at the

Copyright Office from 2.30 P.M. to 4.30. P.M.from Monday to Friday.On-line registration through E-filing facility

can also be done which facilitates theapplicants to file applications at the time andplace chosen by them.


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Procedure for registration of a work underthe Copyright Act, 1957


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Application for registration is to be made on FormIV ( Including Statement of Particulars andStatement of Further Particulars) as prescribed in

the first schedule to the Rules ; Separate applications should be made forregistration of each work;

Each application should be accompanied by therequisite fee prescribed in the second schedule to

the Rules ; and The applications should be signed by the applicantor the advocate in whose favour Power of Attorneyhas been executed. The Power of Attorney signedby the party and accepted by the advocate should

also be enclosed. Copyright can be registered for both published and

unpublished works.


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Whether computer Software or ComputerProgramme can be registered ?


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Computer Software or programme can beregistered as a literarywork.

As per Section 2 (o) of the Copyright Act,1957 literary work includes computerprogrammes, tables and compilations,including computer databases.


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How can a person can get copyrightregistration for his Web-site?


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A web-site contains several works such asliterary works, artistic works (photographsetc.), sound recordings, video clips,cinematograph films and broadcastingsand computer software too.

Therefore, a separate application has to be

filed for registration of all these works.


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Copyright Registration Process Steps


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After the applicant files his application, he will have towait for a mandatory period of 30 days so that noobjection is filed in the Copyright office against his claimthat particular work is created by him.

If such objection is filed it may take another one monthtime to decide as to whether the work could beregistered by the Registrar of Copyrights after giving anopportunity of hearing the matter from both the parties.

If no objection is filed, the application goes for scrutiny

from the examiners. If any discrepancy is found the applicant is given 30

days time to remove the same. Therefore, it may take 2 to 3 months time for

registration of any work in the normal course. The

cooperation of the applicant in providing necessaryinformation is the key for speedy disposal the matter.


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basics of copyrights

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