By Ajita Dash
In the realm of creative endeavours, copyright serves as a crucial safeguard for the protection of our creations. Whether you’re a writer, an artist, a musician, or a filmmaker, understanding the intricacies of copyright law is essential to ensure that your work is respected and protected. In this article, we will explore the basics of copyright, the various types of creative works it encompasses, and the registration process in India. By gaining a deeper understanding of these concepts, you can protect your intellectual property and assert your rights as a creator.
What is Copyright?
Copyright is a legal concept that grants creators exclusive rights over their original works. These rights include the right to reproduce, distribute, and publicly display or perform the work. Copyright protection is granted automatically upon the creation of a work and does not require a registration. However, registering your copyright provides additional benefits, including legal evidence of ownership and the ability to enforce your rights in a court of law.
Validity of Copyright: In India, the validity of copyright varies depending on the type of work. Generally, it lasts for the lifetime of the author plus 60 years. For anonymous or pseudonymous works, cinematographic films, photographs, and sound recordings, the duration is 60 years from the year of publication.
What are the types of Copyrights?
Copyright Law covers a wide range of creations which can to which protection can be granted. Such works are enlisted below:
- Literary Works: Copyright can be granted to any literature or literary work that has been written or typed. It encompasses work like articles, poems, biographies, novels, etc. The style, quality or merit is irrelevant for such protection. Software codes and programs can also be granted protection under Literary works.
- Artistic Works: Artistic creations such as paintings, drawings, sculptures, photographs, engravings, architectural designs, etc., can be granted protection as Artistic works under the Copyright Law.
- Musical Works: Compositions with or without lyrics, musical scores, and arrangements are considered musical works and can be granted protection under the law. A musical composition does not need to have lyrics in order to be copyrightable.
- Dramatic Works: Plays, scripts, choreographic works, and mime performances are classified as dramatic works and can be copyrighted. However, such dramatic works do not include cinematographic films or documentaries.
- Cinematographic Works: Films, documentaries, short films, animations and other audiovisual productions are included in Cinematographic works and can be registered under the same as per the Copyright Law.
- Sound Recordings: Recordings of any kind, be it of music, songs, speeches, the voice of a person with or without music or any other sound can be copyrighted as Sound Recordings.
What cannot be copyrighted?
Not every creation can be copyrighted under the law, there are a few restrictions to copyrightable material. A few of them are mentioned below:
- Unoriginal work: Works that belongs to another person cannot be copyrighted since that takes away the uniqueness and infringes on the rights of the author. For example, nobody can claim copyright on the Mona Lisa.
- Ideas, systems and methods: Ideas, systems and methods are not protected by copyright unless the same has been put into a tangible form.
- Common words or phrases: Common words and phrases such as “The grass is green” cannot be copyrighted. Other works such as Telephone Directories, Standard Calendars, Height and weight charts, Table measure, etc., cannot be copyrighted since they cannot be considered as creative works.
- Names, titles, expressions, etc.: Names, titles, expressions cannot be copyrighted. However, a trademark can be taken for business names.
- Choreographic works: Any kind of choreographic work cannot be copyrighted unless the same has been video taped or notated in any way.
- Dresses, items, products: Dresses, products, etc., cannot be copyrighted. A specific brand of fabric as well as the design of a dress can be copyrighted, however, the entire dress or product itself cannot be copyrighted.
How to register a Copyright in India?
Though copyright protection is granted automatically upon the creation of a work, registering the copyright provides additional benefits, including legal evidence of ownership and the ability to enforce certain rights when required. The Copyright Act, 1957, governs copyright law in India, and the Copyright Office, under the Ministry of Commerce and Industry, administers the registration process. Here’s a step-by-step guide to registering a copyright in India:
- Application Submission: The applicant must complete the application form available on the Copyright Office website. The form should include details such as the title of the work, name and address of the author, and the year of publication.
- Submission of Work: Along with the application form, the applicant must submit copies of the work being registered. The applicant must pay the prescribed filing fee, which varies depending on the type of work and the mode of submission (online or physical). The fee can be paid through Demand Draft, Indian Postal Order, or online payment.
- Opposition: Once the application has been submitted there is a mandatory waiting period of 30 days wherein any third party can raise an opposition to the application. If there is an opposition within this timeframe then a letter shall be sent to both parties and a hearing maybe be arranged. Upon the completion of the hearing, the application may either get rejected or be sent forward to the next step.
- Examination: The next step in the registration process is scrutiny by the examiner at the Copyright Office to ensure that the application meets all requirements. If any discrepancies are found in the application, the applicant may be asked to respond to them. If the examiner accepts the response, then the application shall move forward towards registration. In case the examiner is not satisfied, a hearing may be arranged which shall decide the fate of the application.
- Copyright Registration: Upon successful examination, the Copyright Office issues a registration certificate, confirming the copyright protection of the work. This certificate serves as prima facie evidence of ownership and validity of copyright.
Why should you register your Copyright?
Registering a copyright offers several advantages to creators and copyright holders, including:
- Legal Protection: A registered copyright provides prima facie evidence of ownership, making it easier to enforce rights in case of infringement, in India as well as internationally.
- Right to Sue: Copyright registration is a prerequisite for filing a lawsuit for copyright infringement in India, enabling the copyright holder to seek legal remedies such as injunctions and damages.
- Copyright as an asset: All intellectual properties, including copyrights, are important business assets and are considered to be a goodwill which can noticeably increase brand value.
- Licensing and commercialisation: Any copyrighted work may be licensed to a third party for the purpose of adaptation, reproduction, translation, broadcasting, etc. The works may also be transferred to a third party in exchange of monetary compensation
Get your Copyright Registration today!
Copyright law plays a crucial role in fostering creativity and innovation by protecting the rights of creators. Understanding the basics of copyright, the different types of works it encompasses, and the registration process is essential for creators to safeguard their intellectual property. In India, the copyright registration process offers creators legal protection and numerous benefits, making it a valuable tool for asserting and defending their rights in the digital age. By adhering to copyright laws and registering their works, creators can ensure that their creative endeavours are respected, valued, and protected.
At Advoke Law, we encourage and assist creators such as yourself to secure your rights over your creations. As your trusted Copyrights Agency, we are glad to guide you through the entire process of registration. Advoke Law also provides additional Copyrights Services such as drafting and service of Cease & Desist Notices, facilitating DMCA takedowns, representing your business in Domain Name Disputes, amongst others. Please feel free to contact us to schedule a free consultation today!
