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Legislation

The Indian law is copyrigts in the Copyright Act, 1957. The law aims for the registration of copyrights in India. The subject matter of copyright is to authors, artists and composers to create works of reward with exclusive rights for a certain period of time to reproduce the works for commercial exploitation.

What is Copyright

Copyright is a right which the law on copyright of literary, dramatic, musical and artistic works and producers of cinema films and sound recordings. In fact, it is a bundle of rights, among other things, the rights of reproduction, public communication, adaptation and translation of the work. There could be slight variations in the composition of the rights depending on the work.

Copyright is the legal protection afforded to the creator of an original literary or artistic work. It is the exclusive right granted by law to the original creator of this work to do, authorize or prohibit certain acts in relation to this work, the protection and thus reward creativity.

Copyrights exist in the following categories of work:

a) the literary, musical, dramatic and artistic works.

b) Cinematograph films

c) audio recordings

The rights vary according to the class of work. Copyright subsists in translations, reductions or compilations of such works, provided that the permission of the copyright holder. Computer programs are protected as literary works and are protected under the Copyright Act. There is no copyright on an idea.

Rights conferred by registration

In general, registration is voluntary. Copyright from the date on which the work is created. Under Indian law, registration is not required either for the acquisition of the enforcement of copyright or in an infringement procedure. However, the registry has evidentiary value in court with respect to disputes in connection with the ownership of copyright.

Author of copyright

In the context of copyright, the creator of the original expression in a work is the author. The author is also the holder of copyright, unless there is a written agreement by which the author has the copyright of another person or entity, such as a publisher. In cases of works made for hire, the suppliers of the work is considered the author.

Filing and prosecution of copyright applications

An application form for the copyright-IV, together with four copies of the work to be made on the form IV (including communication of information and notification of further details) together with the prescribed fee at Copyright Office of the Ministry of Education, New Delhi . The first Copyright Office registration number and date of filing an application and receive. Then the application will be formally reviewed by the Office. Deficiencies are the applicant. After the application is found, so that they will accept and the Copyright Office issues the registration certificate.

Duration of registration

The duration of copyright for works varies according to the type of work. Literary or musical works or artistic works, with the exception of photographs, have a life, which for the life of the author and 60 years after the end of the year in which the author dies. However, if the work has not yet been published, performed, or offered for sale or in the media during the life of the author, the protection of copyright is valid for a period of 60 years from the end of the year in which one of these acts are associated with the work.

Cinematograph films, photographs and computer programs are available for 60 years from the end of the year in which the work of the public with the consent of the owner of copyright or published, or, failing such an event, for 60 years from the end of the year in which the work is done. Recordings are available for 60 years from the end of the year in which the recording for the first time published.

In the case of anonymous or pseudonymous works, the copyright for 60 years from the end of the year in which the work of the public with the consent of the owner of copyright or of the end of the year in which it is reasonable to suspect that the author died, the concept is getting shorter and shorter.

The use of the symbol ""©""

Anyone who claims the copyright in a work may be a copyright notice alerting the public about the claim. It is not necessary to register to use the designations, however, it is highly recommended to a copyright notice, as the symbol etter "" C "in a circle or the word" Copyright "followed by the name of the author and year the first publication. For example, © ipfirmsdirectory the 1999th

Infringement action

It is the sole responsibility of the owner to see that his copyright is not violated by someone else. It is the duty of filing a claim of infringement against the infringer. The reliefs, which is commonly used in such a suit are --

i. Injunctons whether interim or final.

ii. Damages.

Criminal sanctions may also be on the basis of copyright registration. The minimum penalty for the violation of copyright is punishable by six months with the minimum fine of R. 50,000 / -. In the case of a second and subsequent conviction, the penalty is at least one year imprisonment and fine of Rs one lakh.

International copyright protection

India is a member of the Berne and Universal Conventions and Indian law extends protection to all copyrighted works from all countries of the Convention. Foreign works first time in a country that is a member of one of the two conventions would be the same copyright protection in India such as Indian works without any formalities, on the assumption that the home of the Indian equivalent reciprocity works.