Copyright law provides for protection of original works of authorship including literary, dramatic, musical, artistic, cinematographic, photographic and sound recording works. Copyright protects the expression of ideas in a tangible form. Protection starts as soon as an idea is expressed on a tangible form. Tangible form includes anything that can be touched and perceived. Expression on electronic media is considered to be a tangible form of expression.
Copyright law grants the right to exclude others from copying, reproducing, etc, the expression of an idea. The protection afforded by a copyright is not extended to the making or using of a product or process. Only the author or those deriving their rights through the author can rightfully claim copyright.
The exclusive right for doing the respective acts extends not only to the whole of the work but to any substantial part thereof or to any translation or adaptation, thereof, where applicable.
International copyright law
There is no such thing as an "international copyright" that will automatically protect an author's writings throughout the entire world. Protection against unauthorized use in a particular country depends, basically, on the national laws of that country. However, most countries do offer protection to foreign works under certain conditions, and these conditions have been greatly simplified by international copyright treaties and conventions.
As India is a member of both the Berne convention and Universal copyright convention , accordingly Indian copyright owners can protect their copyright in almost any country in the world.
COPYRIGHT REGISTRATION A copyright can be registered at the copyright office and a register is maintained keeping a record of all the copyrights registered with the copyright office and copyright board. Copyright registration is not mandatory. Acquisition of copyright is automatic and it does not require any formality. However, certificate of registration of copyright and the entries made therein serve as prima facie evidence in a court of law with reference to disputes relating to ownership of copyright.
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. The 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; and 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.
Both published and unpublished works can be registered. When a work has been registered as unpublished and subsequently it is published, the applicant may apply for changes in particulars entered in the Register of Copyright in Form V with prescribed fee.
Steps involved in getting copyright registration certificate 1. The application with complete details is filed 2. Thereafter, the application is examined and objections, if any, are raised.
3. The certificate is issued by the copyright office after the objections, if any, are removed to the satisfaction of the department.
To prepare and file a Copyright Application in India, the following information/documents are required:
The Details of the Applicant For individuals and non-corporate entities, Name Address Citizenship For corporate entities, the following additional information is required:
Country of incorporation The nature of entity (e.g., private limited company, public listed company)
Documents Required Three Copies of the Work Application for Registration of Copyright along with Statement of Particulars and Statement of Further Particulars (Format Provided)
Copyright Notice sent Under Certificate of Posting Power of Attorney (Authorizing to represent the Copyright Owner at Copyright Office)
If the work is a Computer programme, in addition to the above 3 Copies of the work in CD or Floppy Diskette must be provided.
Term of Copyright
The general rule is that copyright lasts for life + 60 years. In the case of original literary, dramatic, musical and artistic works the 60-year period is counted from the year following the death of the author. In the case of cinematograph films, sound recordings, photographs, posthumous publications, anonymous and pseudonymous publications, works of government and works of international organizations, the 60-year period is counted from the date of publication.
COPYRIGHT LAW INDIA - To learn more about this author, visit Kaviraj Singh's Website.
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Kaviraj Singh
(Visit Kaviraj's Website)
Kaviraj SIngh is the founder attorney of
Trustman & Co – A Law Firm at Delhi India
for patent, patent PCT application filing
real estate Intellectual property right,
prior art search, validity search,
corporate law company formation/
incorporation/ registration international
trade trademark real estate debt
collection credit report due diligence
legal risk business law foreign direct
investment approval / permission to set up
business/ company legal outsourcing LPO
Mr. Singh is a member of New York State
Bar Association, Intellectual Property
Right Section of New York State bar
Association, Supreme Court of India Bar
Association and Association of Trial
Lawyers of America, Bar Council of Delhi.
www.trustm
an.org
www.delhila
w.firm.in/patent_intellectualpropertyright
.htm
www.delhilaw.firm
.in/articlenews/patentlawindia.htm
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