Copyright Registration

Copyright is a right that is available for creating an original literary or dramatic or musical or artistic work. Cinematographic films, including the soundtrack and video films, and recordings on discs, tapes, perforated roll, or other devices are covered by copyrights. Computer programs and software are covered under literary works and are protected in India under copyrights. The Copyright Act, 1957, as amended in 1983, 1984, 1992, 1994, and 1999, governs copyright protection in India. The total term of protection for literary work is the author’s life plus 60 years. For cinematographic films, records, photographs, post-humous publications, anonymous publications, works of government and international agencies, the term is 60 years from the beginning of the calendar year following the year in which the work was published. For broadcasting, the term is 25 years from the beginning of the calendar year following the year in which the broadcast was made explained by Edge Legal.

Coverage provided by Copyright Registration

  1. Literary, dramatic, and musical work. Computer programs/software are covered within the definition of literary work.
  2. Artistic work
  3. Cinematographic films, which include sound track and video films.
  4. Recording on any disc, tape, perforated roll, or another device.

Infringement of Copyright Registration

Copyright gives the creator of the work the right to reproduce the work, make copies, translate, adapt, sell or give on hire and communicate the work to the public. Any of these activities done without the consent of the author or his assignee is considered an infringement of the copyright. There is a provision of “fair use” in the law, which allows copyrighted work to be used for teaching and research, and development. In other words, making one photocopy of a book for teaching students may not be considered an infringement, but making many photocopies for commercial purposes would be considered an infringement. There is one associated right with copyright, which is known as the “moral right,” which cannot be transferred and is not limited by the term. This right is enjoyed by the creator for avoiding obscene representation of his/her works. The following acts are considered infringement of copyrights:

  1. In the case of literary, dramatic, or musical work, not being a computer program
    1. (i) To reproduce the work in any material form, including storing it in any medium by electronic means.
    1. (ii) To issue copies of the work to the public not being copies already in circulation.
    1. (iii) To perform the work in public or communicate it to the public.
    1. (iv) To make any cinematography film or sound recording in respect of the work.
    1. (v) To make any translation of the work or to make any adaptation of the work.
    1. (vi) To do, in relation to a translation or an adaptation of the work, any of the acts specified in relation to the work in sub-clauses (i) to (vi).
  2. In the case of a computer program
    1. (i)To do any acts specified in clauses(a).
    1. (ii)To sell or give on hire or offer for sale or hire any copy of the computer program, regardless of whether such copy has been sold or given on hire on earlier occasions.
  3. In the case of an artistic work
    1. (i) To reproduce the work in any material form, including depiction in three dimensions of a two-dimensional work or in two dimensions of a three-dimensional work.
    1. (ii) To communicate the work to the public.
    1. (iii) To issue copies of the work to the public not being copies already in circulation.
    1. (iv) To include the work in any cinematography film.
    1. (v) To make any adaptation of the work.
    1. (vi) To do, in relation to a translation or an adaptation of the work, any of the acts specified in relation to the work in sub-clauses (i) to (vi).
  4. In the case of a cinematography film
    1. (i) To make a copy of the film, including a photograph of any image forming a part thereof.
    1. (ii) To sell or give on hire or offer for sale or hire any copy of the film, regardless of whether such copy has been sold or given on hire on earlier occasions.
    1. (iii) To communicate the film to the public.
  5. In the case of sound recording
    1. (i) To make any other sound recording embodying it.
    1. (ii) To sell or give on hire or offer for sale or hire any copy of the sound recording, regardless of whether such copy has been sold or given on hire on earlier occasions.
    1. (iii) To communicate the sound recording to the public.

Transfer of copyright

The owner of the copyright in an existing work or prospective owner of the copyright in a future work may assign to any person the copyright, either wholly or partially, in the following manner:

  1. For the entire world or for a specific country or territory or
  2. For the full term of the copyright or part thereof or
  3. Relating to all the rights comprising the copyright or only a part of such rights.