Copyright is defined as
a legal right of the owner of intellectual property. It is an exclusive right
of the original creator to reproduce the work. Copyright provides the exclusive
right to the creator of the original material to further develop for a given
period of time.
Copyright is an
exclusive right granted by the law to the creators of literary, artistic,
musical or dramatic works and to film producers as well. It also includes right
related to reproduction, communication to the public, translation of work. It
provides safeguards to the author for their creations, thereby protecting their
creativity.
When a person creates an
original product which requires a significant mental activity to create, then
it needs to be protected from unauthorized duplication. Copyright can be done
of only unique creations related to art, poetry, musical lyrics, novels, films,
graphic design, architectural etc. It is considered to be original in case the
author created it from their independent thinking. Copyright can be voluntarily
registered by the original owner, preventing others from using or replicating
it.
Copyright provides
protection to the efforts of artists, writers, designers, musicians, and
architects and it also promotes others to create.
Any type of work cannot
be copyrighted. Copyright does not protect ideas, concepts and brand names,
logo, domain names can also not be protected. Any work that requires copyright
must be in intangible form.
Copyright, trademark,
patent are generally used interchangeably, however, Copyright, Trademark and
Patent are different forms of protection.
Trademark protects
products which are used to
differentiate the product of one with the product of another. It includes
words, logos, symbols, and brand names.
Patents protect
inventions of the inventor for a limited period of time, it includes industrial
processes, machines & chemicals.
Copyright registration
can be done in relation to published or unpublished work. In the case of
registered unpublished work, a manuscript is required to be sent along with the
application for affixing the stamp in proof of the work having been registered.
If two copies of the manuscript have been sent then one copy of the manuscript
duly stamped will be returned while the other copy will be retained by in the
office for record purpose and will be kept confidential. Instead of a
manuscript an applicant can also send the extracts from the unpublished work
and can ask for the return after being stamped with the seal of the corporate
office. After that applicant may apply for the changes in the Register of
Copyright with the prescribed fees.
Every type of literary
or artistic work can be copyrighted in relation to a website or computer
program. It ensures protection for the creator and provides significant rights
over their creation.
Registration Procedure
For the purpose of
registration of the copyright an application can be made in the prescribed
format as prescribed in the first schedule of the rules;
An application shall be
made with the requisite fees prescribed;
The application must be
signed by the applicant in whose favor the power of attorney has been executed;
The separate application
is required to be filed for the registration of each work.
Filing of an Application
After filing a copyright
application with the complete details, the author or owner has to wait for a
mandatory period of 30 days for any objection that can be filed in the
copyright office against the applicant.
In the case of any
objection, it will take another one month to take a decision regarding whether
the work can be registered with the registrar of copyrights after giving the
opportunity of being heard.
Examination
If within the said
period of 30 days no objection is filed then the application shall be examined
by the examiner or in the case of any objections raised by the examiner for any
further documentation required. After this response to the examination report
has to be filed within 30 days.
Registration
After the objections are
overcome to the satisfaction of the copyright office, A copyright registration
certificate is issued.
Copyright Registration
Process Workflow
The Term of Copyright
Granted
The term of protection
granted to the copyright owner depends on the type of work that needs to be
protected. Copyright protection granted in relation to literary, musical or
artistic work which extends to the period of a lifetime of the author and 60
years from the year in which the author dies. In case the work has not been
performed during the lifetime of the author than the Copyright Registration
protection shall be continued for a period of 60 years from the end of the year
in which any activity is done in relation to work. Films or the computer
programs are protected for a period of 60 years from the end of the year in
which work is made available to the public with the consent of the owner
whereas.
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