It protects the expression of an original idea and is granted to the original creator of work. The rights accruing from such registration includes the right to copy, distribute and adapt it. Authors, musicians, financial institutions, academia, etc., are the most common seekers of Copyright protection.
The Copyright Act, 1957, along with the Copyright Rules, 1958, is the governing law for copyright protection in India. Copyright laws protect the legal rights of the creator of an ‘original work’ by preventing others from reproducing the work in any other way.
The Copyright Act, 1957 protects original literary, dramatic, musical and artistic works and cinematograph films and sound recordings from unauthorized uses. The copyright protects the expressions and not the ideas. To be protected by copyright, the work must be more than an idea. This is because a copyright does not protect an idea or plan: it protects the expression of that idea or plan.
India is a signatory to “Berne Convention” and hence grant of copyright protection in India is enforceable around the globe.
REGISTRATION OF COPYRIGHT
Copyright exists as soon as a work is created. However, registration certificate issued by the Copyright Office is prima facie an evidence before the Court of Law. Registration of copyright is not mandatory.
Procedure for registration of a work under the Copyright Act, 1957:
- Application for registration is to be made on Form IV ( Including Statement of Particulars and Statement of Further Particulars) as prescribed in the first schedule to the Rules
- Separate applications should be made for registration of each work
- Each application should be accompanied by the requisite fee prescribed in the second schedule to the Rules
- Drafting of assignments and licensing agreements.
- The applications should be signed by the applicant or the advocate in whose favour a Vakalatnama or Power of Attorney has been executed. The Power of Attorney signed by the party and accepted by the advocate should also be enclosed
Each and every column of the Statement of Particulars and Statement of Further Particulars should be replied specifically.
The application has to be submitted online.
- Rendering opinions
- Obtaining No Objection certificate
- Preparing and online filing Copyright applications
- Prosecution till grant
- Status report every year
- Drafting of assignments and licensing agreements
- Infringement analysis