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OVERVIEW: COPYRIGHT LAW IN INDIA

Hello friends today we will discuss about the copyright law in India. Copyright is a form of intellectual property that gives the rightful owner an exclusive right to make copies of a creative work. Such right given by law to the creators of original work may extend in the areas of literature, drama, music, art, movie, software, sound recordings, etc. In simple words, we can say it is a right to copy. It is governed by the Copyright Act, 1957. Copyright legally protects your work and prevents unauthorized usage with respect to musical works, literary works like books and manuscripts, cinematography films, fashion designs, artistic works like paintings, performances, software and other computer programs and compilations. Work will be protected in several countries although work being first published in India, since India is a part of many conventions.

 

 

 REGISTRATION  

Although registration of copyright is not mandatory in India still it is advisable to get the same registered as it creates a public record and registered copyright  can be used as an  evidence in the court of law while fighting any dispute for the ownership rights., thus, placing the actual owner in a better position to take legal action against the one who has infringed his/her rights.

 

REQUIREMENTS FOR PROTECTION

To enjoy the copyright protection, the work in which copyright subsists, shall contain the following attributes:

Originality—the word is not defined in the act but it means that the proposed work must be original, it should not be copied or borrowed from any of the existing sources.

Authorship---the work must be from the author and possess a minimum degree of creativity.

Fixed—the said work shall be in some measurable form and its presentation must be descriptive and capable of being recognized. In other words, the work must be expressed in some tangible form.   

 

OWNERSHIP OF COPYRIGHT

Section 17 of the act states that the author of a work is considered as the first owner of copyright under the Copyright Act, 1957. However, there lies an exception in case the works are made by author under any contract of service, in such a case the employer will be considered as the first owner of copyright, in absence of contract to the contrary.


ASSIGNMENT OF COPYRIGHT

Section 19 of the act provides for the same. It can only be made in writing and must specify the work, territory for which assignment is made and specify the period of assignment. In cases where no period is mentioned, then the same is said to be expired after tenure of 5 years.


ENFORCEMENT IN INDIA

Copyright law in India provides for both civil as well criminal action against the infringer. Civil action includes but not limited to suit for injunction, damages, compensation, etc. whereas the action can also lie on the criminal side which can be governed by Sec 63 of the Copyright Act, under which an FIR may be registered, offence if proved attracts the imprisonment upto 3 years and also coupled with fine.

 

 

TERM OF COPYRIGHT

Copyright in a work is protected for a limited period. In case of original literary, dramatic, musical and artistic works, protection is granted till the life of the author and 60 years afterwards. In case of cinematographic films, sound recordings, photographs, etc. the term of protection granted is 60 years calculated from the date of publication.


PROTECTION OF FOREIGN WORKS

Copyright of works of foreign nationals whose country is a part of conventions where India is also a member country, is also protected in India.

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Comments

  1. Kailash Madan1 July 2021 at 09:18

    Very crisp and informative, thanks Mr. Kapil Gulati for sharing the knowledge on copyright. Kailash Madan, M.Com, LL.B. CAIIB, ACS

    ReplyDelete

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