Copyright is the exclusive right by law to do certain actions in respect
of literary, dramatic, musical and artistic works and
producers of cinematograph films and sound recordings. Copyright does not protect the specific idea or
information or content but it protect the form and manner in which it is represented.
It is applicable on a wide range of innovative, intellectual, scholarly, or
artistic forms or works. The copyright symbol '©' (the letter C inside a circle)
is used by the owner who have registered copyright.
The intellectual properties protected under copyright laws are as
follows:
Literary works- it includes works
published under books, articles, journals, periodicals, manuscripts, computer
programs and database.
Artistic work means includes painting, a
sculpture, a drawing, an engraving or a photograph, whether or not any such
work possesses artistic quality; a work of architecture; and any other work of
artistic craftsmanship.
Musical work includes a work consisting of music
and includes any graphical notation of such work but does not include any words
or any action intended to be sung, spoken or performed with the music
Sound recording includes a recording of sounds from
which sounds may be produced regardless of the medium on which such recording
is made or the method by which the sounds are produced. A phonogram and a
CD-ROM include this.
Cinematograph film includes any work of visual
recording on any medium produced through a process from which a moving image
may be produced by any means and also includes a sound recording.
It covers all published as well as
unpublished works.
Published Works
Copyright in works published before 21st January, 1958, i.e., before the
Copyright Act, 1957 came in force, can also be registered, provided the works
still enjoy copyright. For this, three copies of published work shall be sent
along with the application.
Unpublished Work
If the unpublished work is to be registered, a copy of the manuscript
along with the application for affixing the stamp of the Copyright Office in
proof of the work having been registered need to be sent. In case, if you
send two copies of the manuscript, one copy with duly stamped will be returned back
while the other copy will be restored for record purpose in the copyright office will be kept confidential.
The
applicant are fee to send just the extract
from the unpublished work rather than whole manuscript and ask for the
return copy of the extract duly signed and stamped with the seal of the
copyright office.
If a
work has been registered as unpublished and subsequently if it is published,
the applicant may apply for changes in particulars in Form V with prescribed
fee to copyright Office.
Terms -The
term of copyright is, in most cases, the lifetime of the author plus 60 years
thereafter.
Copyright
and Innovation
In fact, it is a bundle of rights including rights
of reproduction, adaptation and translation of the work and communication to
the public. It ensures certain minimum safeguards of the rights of original creators
over their creations, thereby protecting their creativity. Creativity being the
foundation of encouragement and progress, no civilized society can afford to
ignore the basic requirement of encouraging the same. The protection in the
form of right provided by copyright to
the efforts of artist ,writers, dramatists, musicians, architects and producers
of sound recordings, cinematograph films and computer software.
Copyright Registration Procedure
The procedure for registration is as follows:
1. Application for registration is to be made on
as prescribed in the first schedule to the Rules.
2. For each work to be covered under copyright,
separate application should be made.
3. Each application should be accompanied with requisite
fee as prescribed in the second schedule to the Rules.
4. In whosoever name a Vakalatnama or Power of
Attorney has been executed, that person should sign the application. Power of
Attorney duly signed by the party and accepted by the advocate should also be
enclosed therein.
5. It takes mandatory 30 days so that no
objection is filed in the Copyright office against your claim that particular
work is created or owned by you.
Author:
This blog is written by Ms. Chanchal
Sharma, a passionate blogger of Aapka Consultant.
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