Copyright Registration is an important legal procedure for prevention of all kinds of artworks that includes literature, audio and video presentations, paintings and drawings, musical recordings, digital and artistic components, graphical presentation and all other artworks. Copyright law under Indian Copyright Act, 1957 extends to the whole of India and is applicable in all the States and Union Territories.
To protect the artwork or material from any kind of violation, it is vital to get the work registered under predefined laws. The applicants can file the application by themselves or alternatively, Copyright Registration Services in India can be employed for successfully accomplishing the operation.
Major Purpose of Copyright Registration Act
The main purpose of Copyright Registration Act is
- to let Copyright applicants achieve economic remuneration for their efforts
- encourage creativity in the areas of interest for betterment of nation
- encourage further development in new fields that benefits the country
Copyright prevails throughout India in various forms that includes
- Original literary, musical, artistic or dramatic work;
- Sound recordings; and
- Cinematography films
Exemption or Limitations to Copyright Act
Although Copyright Registration is considered vital to safeguard rights of authors, but if it is applied rigidly it might result in hampering the growth of society. However, there are a few exceptions and exemptions to Indian Copyright laws and the minor use of the Copyright material does not result in Copyright infringements or violation of rights.
Exemptions or limitations to Copyright are meant to maintain an appropriate balance between the interest of the community as well as the creator or owner of the artwork. A number of violations or exploitation of work with the aim of social purposes such as research, social ceremonies, education, etc is exempted from the Copyright Act. An infringement of rights is considered if only the particular components of the work are used in an unauthorized way.
Lack of Awareness about Copyright Laws and Exemption Areas
Study reveals that there exists an acute lack of awareness on issues related to Copyright laws and associated rights amongst enforcement agencies, professionals such as academic personnel and scientists, stakeholders and general public. The questions arise from these sections of community vary
- to those associated to the fundamentals of IPR (Intellectual Property Rights)
- to those relating to practical applications
Use of Copyright Material without Permission of the Owner
Copyright material can be used subject to certain terms and conditions for research, review, study, news reporting and criticism. It can also be used in the schools and libraries as well as for legislation purposes. Exemptions are given for
- intended purpose of study and research
- material used in lieu to judicial proceedings
- aim or reporting current affairs and events
- development of sound recordings of dramatic, musical or literary works
- purpose of review and criticism
- performance driven from literary work to non paying audience
Are Titles & Names Protected under Copyright?
Copyright Laws does not protect short names, titles, word combinations, short phrases, slogans, plots, factual information, methods or procedures. Concepts, thoughts and ideas cannot be protected under such laws. Under basic Copyright Laws and Acts, the work has to be in its original format in order to apply for filing and registration.
Who is an Author?
The definition of an Author in General can be elaborated as the person who creates the work. However, the name of the creator differs as per the creation.
- Composer in case of musical work
- Producer in case of sound recordings
- Photographer in case of Photographs
- Producer in case of Cinematograph films
The scope of creators in different areas of creation varies and so as the terms. In case of computer generated work, the term Developer is used for the developer of Software application and Programmer is used for the creator of a particular computer program or an app.
For Government work, the Government in general is the owner of the original work. In case, where the work is produced or published under the control of public undertaking ten the work belongs to the public undertaking.
If the work is created by a journalist for any newspaper or magazine during the course of employment, then the intended work belongs to the proprietor of that magazine or the newspaper.
Introduction to Copyright Assignments
Copyright Assignment can be referred to the condition where the Copyright for an intended work is assigned to another person either partially or wholly. Therefore, it can be calculated that ‘COPYRIGHT IS ASSIGNABLE’.
Mode of Assigning Copyright
Copyright is assigned after the permissions are provided in writing duly signed by the assigner or the assigned authority. There are several terms and conditions associated to assigning Copyright;
- It must identify prescribed work; specify assigned rights along with the territorial extent and duration of the assignment.
- It must specify the overall amount of the royalty to be paid to the actual author or its legal heir(s).
- Assignment is subject to extension, revision or termination on certain terms and conditions that the parties are mutually agreed upon.
The assignee is supposed to practice the legal rights assigned to him within one year’s duration from the initial date of assignment. If he fails to do so, the assignment shall deem to lapse, unless otherwise mentioned in the legal assignment. If any particular legal duration is not specified in the assignment by the assignee, the legal term is considered five years from the date of assignment.
Is Copyright Same for Various Classes of Work?
Copyright for various categories vary as per the class of work. For example, in the case of literary work, the copyright refers to the rights that are given to its author;
- to issues copies of the same work to the public
- to reproduce or edit the original work
- to produce sound recording or visual presentation of work
- to get the work translated to another language
- to perform and communicate the work in public
If the original work is translated, all the rights associated to original work apply to its translation also. Although Computer Programs also falls in the class of literary works, some of the above exclusive rights are not applicable to Computer programs.
Apart from this, there is much more to know about the Copyrights and the associated terms and procedure, however, to get a thorough knowledge on related subjects, a professional Copyright Registration services India can be approached as the experts can make this wide topic easier to understand.
Swati Mittal is an experienced Patent Advisor with flair of writing on Intellectual Property related guidelines, concerns, updated informative laws and procedures. Apart from this, writing on Technology and Software Products is also preferred by Swati. As a Business Developer & Advisor, her role has been instrumental in assisting businesses to choose the right content for their websites as well as the intended products and services. With her involvement in ‘Intellilocus’, she is actively involved and up to date with the latest news on Intellectual Property Rights and applicable laws.
