Asean Saarc Patent & Trademark Services
Asean Saarc Patent & Trademark Services
Copyright is the Right of exclusivity
given to creator of original works
– The copyright Act, 1957
– The copyright Rules, 2013
– Encouragement of creativity
– Cultural preservation
– Legal protection
Partner with India’s trusted IP attorneys to secure and maximize the value of your innovations and brand assets.
1. How is copyright protected?
Copyright arises automatically when an original work is created. Registration is not mandatory for enforcement, but registering with the Registrar of Copyrights provides strong prima facie proof of ownership and helps in legal disputes.
2. What types of works are protected under copyright law?
Copyright protects original literary, dramatic, musical, and artistic works, as well as cinematograph films and sound recordings. It also covers computer programs, databases, photographs, architectural works, broadcasts, and performers’ rights.
3. What is the duration of copyright protection?
For literary, dramatic, musical, and artistic works, copyright lasts for the author’s lifetime plus 60 years. Films and sound recordings are protected for 60 years from publication, broadcasts for 25 years, and performers’ rights for 50 years.
4. Who owns the copyright in a work?
Generally, the author is the first owner of copyright. This includes writers, composers, artists, photographers, producers, or the person who causes a computer-generated work to be created, subject to exceptions under the law.
5. Are there exceptions to copyright ownership?
The Copyright Act, 1957 protects original literary, dramatic, musical and artistic works and cinematograph films and sound recordings from unauthorized uses. Unlike the case with patents, copyright protects the expressions and not the ideas. There is no copyright protection for ideas, procedures, methods of operation or mathematical concepts as such (Please see Article 9.2. of TRIPS).
6. What is the scope of protection in the Copyright Act, 1957?
The Copyright Act, 1957 protects original literary, dramatic, musical and artistic works and cinematograph films and sound recordings from unauthorized uses. Unlike the case with patents, copyright protects the expressions and not the ideas. There is no copyright protection for ideas, procedures, methods of operation or mathematical concepts as such (Please see Article 9.2. of TRIPS).
7. Does copyright apply to titles and names?
Copyright does not ordinarily protect titles by themselves or names, short word combinations, slogans, short phrases, methods, plots or factual information. Copyright does not protect ideas or concepts. To get the protection of copyright a work must be original.
8. Is it necessary to register a work to claim copyright?
No. Acquisition of copyright is automatic and it does not require any formality. Copyright comes into existence as soon as a work is created and no formality is required to be completed for acquiring copyright. However, certificate of registration of copyright and the entries made therein serve as prima facie evidence in a court of law with reference to dispute relating to ownership of copyright.
9. Where I can file application for registration of copyright for a work?
The Copyright Office has been set up to provide registration facilities to all types of works and is headed by a Registrar of Copyrights and is located at Plot no. 32, Boudhik Sampada Bhawan, Sector 14, Dwarka, New Delhi- 110075. The applications are also accepted by post. On-line registration through “E-filing facility” has been provided from 14th February 2014, which facilitates the applicants to file applications at the time and place chosen by them.
10. What is the procedure for registration of a work under the Copyright Act, 1957?
The procedure for registration is as follows:
a) Application for registration is to be made on Form XIV (Including Statement of Particulars and Statement of Further Particulars) as prescribed in the first schedule to the Rules;
b) Separate applications should be made for registration of each work;
c) Each application should be accompanied by the requisite fee prescribed in the second schedule to the Rules;
d) The applications should be signed by the applicant. The Power of Attorney signed by the party and accepted by the advocate should also be enclosed, if applicable.
e) The fee is to be paid either in the form of Demand Draft or Indian Postal Order favouring “Registrar Of Copyrights Payable At New Delhi” or through E payment. Each and every column of the Statement of Particulars and Statement of Further Particulars should be replied specifically.
11. Can I myself file an application for registration of copyright of a work directly?
Yes. Any individual who is an author or rights owner or assignee or legal heir can file application for copyright of a work either at the copyright office or by post or by e-filing facility from the Copyright Office web-site “www.copyright.gov.in”
12. How can I get copyright registration for my Web-site?
A website may be understood as a webpage or set of interconnected webpages, hosted or stored on a server, and is made available online to members of public. Users can access the information and other underlying work on a website through various means such as scrolling webpages, using internal hypertext links or a search feature.
Website usually consists of different rudiments which may be copyrightable subject matter that falls within any one of the classes of works set forth in Section 13 of Copyright Act, 1957. The component parts of website can be in different form of digital files such as text, tables, computer programmes, compilations including computer databases (“literary works”); photographs, paintings, diagram, map, chart or plan (“artistic works”); works consisting of music and including graphical notation of such work (“musical works”); “sound recordings” and “cinematograph films”.
Website as a whole is not subject to copyright protection. Generally, non-copyrightable content particular to websites may include but are not limited to ideas or future plans of websites, functional elements of websites, unclaimable material, layout and format or ‘look and feel’ of a website or its webpage; or other common, unoriginal material such as names, icons or familiar symbols.
Applicant is required to submit a separate application for each component work/content appearing on a website.
13. How long I have to wait to get my work registered by the Copyright office?
After you file your application and receive diary number you have to wait for a mandatory period of 30 days so that no objection is filed in the Copyright office against your claim. In case any objection is filed, the Registrar of Copyrights after giving an opportunity of hearing to both the parties, may decide to register the work or otherwise.
If no objection is filed the application is examined by the examiners. If any discrepancy is found the applicant is given ordinarily 45 days time to remove the same. Therefore, it may take around 2 to 3 months time for registration of any work in the normal course. The cooperation of the applicant in providing necessary information is the key for speedy disposal the matter.
14. Whether certificates qualify to be copyrightable subject matter?
Originality is considered as ‘the bedrock principle of copyright’ and ‘the very premise of copyright law’. A work to be a copyrightable subject matter is to be created by the exercise of labour, skill and judgment of the author. Also, such exercise of efforts on the part of the author should not be trivial in nature and thus should not be a mere exercise of the mechanical function of copying the work of another. Variation must be substantial in nature than merely trivial thus requirement of degree of originality is quantitative in nature.
Certificates may be considered as a formal document or written assurance which states an official fact and are generally used as evidence for certain purposes. Certificates are usually monotonous as it contains mere common words or formats which are generic in nature. Certificates are not considered as copyrightable subject matter as it falls under the narrow category of works in which the creative spark is utterly lacking or so trivial as to be virtually non-existent.
15. What is copyright society?
A copyright society is a registered collective administration society under Section 33 of the Copyright Act, 1957. Such a society is formed by authors and other owners. A copyright society can issue or grant licences in respect of any work for which it is authorised to by the authors or owners of the work.