Copyright Registration
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Copyright Registration

Copyright Registration

Copyright Registration

Copyright is a well recognized form of property right. Copyright as the name suggests arose as an exclusive right of the author to copy the literature produced by him and stop others from doing so.

The concept of idea was originally concerned with field of literature and arts. Today, copyright law has extended protection not only to literary, dramatic, musical and artistic work but also sound recordings, films,broadcast,cable programmes and typographical arrangement of publications. Computer programs have also been brought within the purview of copyright law.

The copyright Act 1957 protects original literary, dramatic,musical and artistic works and cinematography films and sound recordings from unauthorized uses. There is no copyright protection for ideas, procedures, methods of operation or mathematical concepts as such.

Section 14 of the Act defines the term copyright as to mean the exclusive right to do or authorise the doing of the following acts in respect of a work or any substantial part thereof ,namely

COPYRIGHT IN CASE OF LITERACY, DRAMATIC OR MUSICAL WORK:-

(1) Reproducing the work in any material from which includes storing of it in any medium by electronic means.
(2) Issuing copies of the work to the public which are not already in circulation and performing the work in public or communicating it to the public.

COPYRIGHT IN CASE OF ARTISTIC WORK:-

(1) To reproduce the work in any material from including-

(a) The storing of it in any medium by electronic or other means
(b) Depiction in three-dimensions of a two –dimensional work or vice versa.

(2) Communicating the work to the public.
(3) Issuing copyies of work to the public which are not already in existence. (4) Including work in any cinematography film

COPYRIGHT IN CASE OF CINEMATOGRAPHY FILM:-

(1) To make a copy of the film, including-
(a) A photograph of any image forming part thereof or storing of it in any medium by electronic or other means.

COPYRIGHT IN CASE OF SOUND RECORDING:-

(1)  To make any other sound recording embodying it “including storing of it in any medium by electronic or other means,
(2) To sell or give on commercial rental or offer sale or for such rental, any copy of the sound recording.

(1) Artistic work

  • 2 Copies of work and DD/IPO of Rs. (as applicable) per work
  • NOC from author if applicant is different from author.
  • NOC from publisher if worked published and publisher is different from the applicant.
  • Search Certificate from Trade Mark Office (TM -60) if the work is being used on goods or capable of being used on the goods
  • NOC from person whose photograph appears on the work.
  • If the application is being filed through attorney, a specific Power of Attorney in original duly signed by the applicant and accepted by the attorney.

(2) CINEMATOGRAPHY FILM

  • 2 Copies of work and DD/IPO of Rs. (as applicable) per work
  • NOC from various copyright holders or copy of agreement (deed of assignment).
  • NOC from publisher if work published and publisher is different from applicant.
  • If the application is being filed through attorney, a specific Power of· Attorney in original duly signed by the applicant and accepted by the attorney.

(3) MUSIC

  • 2 Copies of work (Graphical Notes) and DD/IPO of Rs. (as applicable) per work.
  • NOC from publisher if work published and publisher is different from applicant.
  • NOC from author if applicant is other than author.
  • If the application is being filed through attorney, a specific Power of Attorney in original duly signed by the applicant and accepted by the attorney.

(4) LITERARY/DRAMATIC

  • 2 Copies of work and DD/IPO of Rs. (as applicable) per work.
  • NOC from publisher if applicant is other than publisher and work is published.
  • NOC from author if applicant is other than author.
  • If the application is being filed through attorney , a specific Power of Attorney in original duly signed by the applicant and accepted by the attorney.

(5) SOUND RECORDING

  • 2 Copies of work and DD/IPO of Rs. (as applicable) per work
  • NOC from various copyright holders or copy of agreement (deed of assignment).
  • NOC from publisher if work published and publisher is different from applicant.
  • If the application is being filed through attorney , a specific Power of Attorney in original duly signed by the applicant and accepted by the attorney.

Sec 22-29 deal with term of copyright in respect of published literary, dramatic,musical and artistic works.Literary,dramatic,musical or artistic works enjoy copyright  protection  for the life time of the author plus 60 years beyond (60 years after his death).In case of copyright in posthumous , anonymous and pseudonymous work, cinematography films,sound recordings,work of govt.,public undertaking and international organisations, the term of protection is 60 years from the beginning of the calender year next following the year in which the work has been first published.

Sec-30 of the Act empower the owner of the copyright in any existing work or the prospective owner of the copyright in any future work to grant any interest in the right by licence in writing by him or by his duty authorized agent. However in case of a licence relating to copyright in any future work ,the licence shall take effect only when the work comes into existence. Explanation to this section clarifies that where a person to whom a licence relating to copyright  in any future work is granted,dies before the work comes into existence, his legal representative shall, in the absence of any provision to the contrary in the licence, be entitled to the benefit of the licence.

Section 32B of the Act deals with termination licence and provides that if at any time after the granted of a licence, the owner of the copyright in the work or any person authorised  by him publishes a translation of such work in the same language and which is substantially the same in content at a price reasonably related to the price normally charged in India for the translation of works of the same standard on the same or similar subject, the licence so granted shall be terminated. However such termination shall take effect only after the expiry of a period of 3 months from the date of service of a notice in the prescribed manner on the person holding such licence by the owner of the right of translation intimating the publication of the translation.