Copyright is a legal right created by the law that guarantees monopoly to the owner or author for its original work. This means that such a right gives authorization to only the original creator of such work to reproduce or further develop that work for commercial use and benefit. Copyright owner has rights to reproduce, translate, adapt, perform, distribute and publicly display the work. In India, acquisition of copyright is automatic and does not require any formality but it is recommended to register a copyright for better enforceability. Copyright Office in India is located in New Delhi. The Appellate authority is Intellectual Property Appellate Board which is based in Chennai.
Works covered under copyright are provided as under:
- Literary including software
- Sound Recording
- Cinematograph Films
Acquiring a copyright is not compulsory and normally it does not require any kind of registration for its protection. However, in the commercial world, artists are sensitive about their work as these tangible creative pieces are associated with their name and fame as well as carry financial benefits. Registration simply ensures legal right of the owner over such copyright work. Individuals put in countless efforts to produce a unique work of art and aspire to gain ownership and exclusivity over it however there are situations where other people can take undue advantage by using the original work without mentioning the name of the author or taking prior permission. Such work needs protection because it adversely affects the commercial viability of such creation and the business it brings to these individuals. Such assets hold high value and gaining a copyright protection will minimize the risk and produce benefits in the long run.
A copyright application can be filed for both published and unpublished work through e-filing by filing up Form XIV available online with the Copyright office. For each work, separate application should be made along with the requisite fees prescribed. Once the application is filed, there is a mandatory wait period of 30 days during which objection can be raised by any third party. If some objection is made on the copyright claim, the same may be taken by the Registrar of Copyrights where both the parties are given equal right to be heard. If no objection is filed within the said period, the application is then formally examined and the objection by the Examiner, if any, are raised. Response to the objections has to be filed within 30 days. If the Copyright Registrar is content with the correctness of the claim made, a Certificate of Registration is issued and such entry is made into the Register of Copyrights.
Duration of Copyright
|Literary, Dramatic, Musical or Artistic works:||Lifetime of author plus 60 years from the death of author.|
|Anonymous & Pseudonymous works:||60 years from the year the work was first published.|
|Works of Public Undertakings & Government works:||60 years from the year the work was first published.|
|Works for International Organizations:||60 years from the year the work was first published.|
|Sound Recording:||60 years from the year the recording was first published.|
|Cinematograph Films:||60 years from the year the film was first published.|
Authors or the original creator puts in a lot of efforts to create a unique tangible form of art. Such work so produced is used by others without permission is an infringement or violation of such right. Copyright piracy is a serious offence and such untoward intrusion can adversely impact the creative potential of the original creator. Investments made in creating such work including music, software, videogames etc. might not be recovered due to acts of piracy. Hence, it is essential to put an end to such menace and take stringent actions against violators of such rights. An effective remedy is crucial for redressing such violation and a copyright owner in India is entitled to the following remedies:
- Preventive civil remedies
- – Interlocutory injunction
- – Mareva injunction
- – Pecuniary remedy
- – Anton Piller Orders
- – Norwich Pharmacal Order
- Compensatory remedies
- – Damages for concession
- – Delivery up of infringing copies for destruction
- – Account of profits
The Indian Copyright Act, 1957 ensures that the owner of the copyright can take criminal action against infringer. It can be availed simultaneously with that of civil remedy to punish the violator. It can be more effective than civil remedy due to its grant for swift justice.
The offence for copyright violation is punishable with imprisonment for a minimum period of six months extended up to three years and fine amount of Rupees 50,000 which may extend to Rupees two lacs. For subsequent offences, the law provides imprisonment for a period of one year with fine amount of minimum Rupees one lac. Further, the police have the authority to search and seize all the infringing copies including the key document or plate to make those copies and deliver such infringing goods to the copyright owner.
On request of the owner of the original work, the Registrar of Copyrights has the authority to put a ban on copies made out of India of that work which if made in India would infringe copyright shall not be imported.
We, at Intellect Juris are proficient enough to handle any dispute related to copyright infringement with ease and provide advice to the clients on copyright protection issues. With a thorough understanding on the subject, our skilled professionals are experienced to deal in all aspects of copyright litigation, including the enforcement of rights against infringement and other related court litigation.
We, at Intellect Juris understand the relevance of protecting novel and creative work that forms a rather significant part of a company or an artist in this age of digital technology. There is investment made in terms of money as well as hard work and enjoying an exclusive right over such work can promote the business of the owner. With the increasing reach of arts and technology, it is rather necessary to protect and register what delicately is created to be exploited to its best commercial advantage. Copyright registration may seem quite simple yet extremely vital and therefore needs to be done with precision and utmost dedication by experienced law professionals.
Team of legal experts at Intellect Juris assists the clients in understanding the legal scenario involved as well as play an advisory role through which intellectual property becomes a source of generating investments and gaining profits. Intellect Juris plays a strategic advisory role by counseling clients in a wide range of transactions, including the following:
- Copyright ownership agreement
- Licensing and assignment agreements
- Licensing and Intercompany agreements
- Agreement on Joint ventures and strategic alliances