Copyright

Introduction

A copyright grants the right to prevent others from copying someone’s work. It provides the owner exclusive rights over their creation. When a work is protected by copyright, others are prohibited from imitating, copying, or reproducing it in any manner. In India, the term of a copyright lasts for 60 years. 

Copyright can be taken for the following works:

• Music 
• Books
• Manuscripts
• Films
• Fashion Designs
• Training Manuals
• Software
• Literary Work
• Performance
• Paintings 

How to register a Copyright?

Trademarks can be registered online through the following steps:

• Step I: Application Filing

The application for copyright can be filed by the author, copyright claimant, owner of an exclusive right to the work, or an authorized agent. This can be done in person at the copyright office, via speed/registered post, or through the e-filing facility available on the official website (copyright.gov.in).

 The registrar will issue a dairy number to the applicant.

• Step II: Examination

After the diary number is issued, there is a mandatory waiting period of at least 30 days during which the copyright examiner reviews the application.

If objections are not raised, the examiner proceeds to review and scrutinize the application for any discrepancies. 

• If the application is complete with all necessary documents and information, and no discrepancies are found, the applicant can proceed to the next step. 
• If discrepancies are identified, the applicant receives a discrepancy letter. The registrar then conducts a hearing based on the applicant’s response. Once the discrepancies are resolved, the applicant can move forward to the next step.

If objections are raised against the applicant, both parties receive letters and are summoned for a hearing by the registrar.

• If the objection is dismissed, the application proceeds to scrutiny, following the previously mentioned discrepancy procedure. 
• If the objection is upheld or the discrepancy is not resolved, the application is rejected, and a rejection letter is sent to the applicant, ending the copyright registration process for that application.

• Step III: Registration

The final step in the process is registration. During this step, the registrar may request additional documents. Once fully satisfied with the applicant’s copyright claim, the Registrar of Copyrights records the details in the register of copyrights and issues a certificate of registration. The copyright registration process is complete when the applicant receives the Extracts of the Register of Copyrights (ROC).

Expense of Registering Copyright

Several factors influence the cost of Copyright Registration, the costs are subject to change based on the category of the creation. Registration expense depends on following factors:

• Nature of Copyrighted Material

The registration cost is significantly influenced by the complexity of the copyrighted material and the associated documentation requirements.

• Categories of Work

Works are categorized into artistic, musical, cinematographic, software, literary, and sound recordings. Each category has unique characteristics, and the registration fees differ for each type.

• Mode of Registration

The cost of copyright registration varies depending on whether you choose offline or online registration. Online registration is generally more convenient and may have lower fees, but certain works might require physical submission, which can lead to higher costs.

Protection granted by Copyright

Copyright safeguards cultural works like literature, drama, music, and sculpture. Under the 1968 Copyright Act, protection is granted immediately, providing authors with exclusive rights to create, sell, and be recognized as the work’s author. This protection also extends internationally under treaties with co-signatory countries. Copyright is an exclusive legal right given to creators or groups to protect their works from being reproduced, adapted, translated, distributed, or publicly performed without their authorization.

The purpose of copyright is to safeguard and reward authors’ efforts in creating their works, encouraging ongoing creativity and production. It’s crucial to understand that copyright protects the expression of ideas in a work, not the ideas, concepts, techniques, or details themselves. Publishing is vital for creators as it grants them exclusive rights to reproduce their works, create derivative works, distribute and sell copies, and publicly display or perform their copyrighted works. These rights can be licensed as a whole or individually, enabling creators to generate income if others wish to reproduce their work.

Copyright protection is essential as it provides essential safeguards for authors’ rights to their creations, thereby preserving and rewarding their creativity. Creativity is pivotal for societal progress, and no modern society can afford to overlook the fundamental need to foster it. The economic and social advancement of a community hinges on creativity. Additionally, there is the enduring concept of copyright as a legacy, which can extend for decades and be passed down as part of an estate. For literary, musical, or artistic works, copyrights may persist for up to 70 years after the original creator’s death, while for broadcasts or publications, this period may extend to 50 years.

Copyright Infringement

In case of infringement, the copyright owner has civil and criminal remedies available.

• Civil Remedy
• Injunction

An injunction is a legal process by which the infringer is prohibited from continuing their infringing activities or is instructed to return to the state that existed before the infringement occurred.

• Damages

Damages refer to compensation awarded to the copyright owner. The aim of awarding damages is to restore the owner to their previous position. Several factors are considered when determining the amount of damages. Typically, damages reflect the amount the copyright owner would have received if the infringer had obtained a license for the infringing activities. Other factors influencing the calculation include reputational harm, lost profits, reduced sales of the copyrighted work, and other pertinent considerations.

• Accounts

The infringer may be required to provide a record of the profits earned from selling the copied works and compensate the copyright owner accordingly.

• Criminal Remedy

When an individual knowingly infringes on or encourages the infringement of a copyrighted work, it constitutes a criminal offense under the Copyright Act of 1957. If the copyright owner initiates a criminal case for copyright infringement, the minimum penalty for such infringement is imprisonment for six months, which may extend to three years, along with a minimum fine of Rs. 50,000, which can go up to Rs. 2 lakhs.

For subsequent convictions, the punishment increases to a minimum of one-year imprisonment, extendable up to three years, and a fine ranging from Rs. 1 lakh to Rs. 2 lakhs.

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