Copyright Registration - An Overview

What is Copyright?

Copyright is a right given by the law to the creators of original work in areas of literature, drama, music, art etc. A copyright registration legally protects your work and prevents its unauthorized usage. A copyright gives the owner of the subject an exclusive right over his work.

Scope of Copyright Act, 1957

The Copyright Act, 1957 limits unauthorised usage of any original bookish, musical, dramatic, sound recordings, cinematograph and also other artistic works. You can copy right both published and unpublished works. The original creator holds copyright of his work.

You can copyright all kinds of bookish and artistic work including your website and computer program. ‘Literary work’ includes computer software programs. Unlike the case with patents, copyright protects the expressions and not the ideas. There is no copyright in an idea.

List of Creative Works Protected by the Copyright law in India:

• Literary Work Including works such as Computer Program And Computer Databases Apart From Book.
• Sound Recording Or Audio Recorded Files Including sounds such as Songs, Dialogues Recorded Etc
• Cinematograph Film Including Films, Videos, Cartoon Films.
• Artistic Work Including A Painting, A Sculpture, A Drawing Such As A Map, Chart Or Diagram, An Engraving, A Photograph, Architecture/ Artistic Craftsmanship And Dramatic Work.
• Musical Work Meaning Staff Notations And Written Music.

Benefits of Copyright Registration:

• Creates Public Record
  • Copyright registration creates a public record. It helps people identify who the owner of the work is.
• Exercise Legal Rights
  • The copyright act, 1957 protects you from any copyright infringement. You can exercise your legal right and plead for monetary compensation if any misuse of work. It enables you to file a lawsuit and take legal action against someone who infringes your copyright.
• Rewards your Creativity
  • It provides you with benefits by entitling you to use your work in various ways and availing appropriate reward for it. Thus, it provides you with a reward for your creativity.
• Intangible Asset
  • Additionally, It allows you to sell or pass the rights of your work.
• Full Ownership
  • It also gives you legal evidence of your ownership. With a copyright registration certificate, your proof of ownership is evident and binding.
• Update or Change your work
  • It allows you to change the form of your work. For example, it allows you to make a sequel or revise or update the work.

Who is protected from Copyright Infringement?

• The Author – This is either the person who actually created the work or, if the work was “made for hire”, the employer or whomever the work was prepared for.
• The Copyright Claimant – This is either the author of the work or a person or organisation that has obtained ownership rights from the author either by written contract, assignment, will or other transfer of rights by the author.
• The Owner of Exclusive Rights – Any of the exclusive rights that make up a copyright can be transferred and separately owned. An owner of any of these individual exclusive rights may apply for registration of his or her claim in the work.
• The Authorised Agent – Any person or organisation duly authorised to act on behalf of the author, other copyright claimant, or owner of exclusive rights may also apply for copyright registration.

Validity of Copyright Registration

In the case of original literary, dramatic, musical and artistic works, the duration of copyright is the lifetime of the author or artist, and 60 years counted from the year following the death of the author.

In the case of cinematograph films, sound recordings, posthumous publications, anonymous and pseudonymous publications, works of government and works of international organisations are protected for a period of 60 years which is counted from the year following the date of publication.

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