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By virtue of copyright, the author of an intellectual creation enjoys some rights that enable him to control the use of his work. To find a balance between the rights of the creators and those of the public, an intellectual creation is only protected by copyright insofar as it meets some legal requirements. Furthermore, copyright protection is limited in time and by some exceptions.
Copyright protects intellectual creations insofar they are original and expressed in a particular form. Two conditions must therefore be distinguished: expression in a particular form and originality. Copyright does not protect ideas, only their expression in a particular creation. This requirement enables the reconciliation of the interests of both creators and society, by preserving the free movement of ideas.
Copyrights Registration in India Protects
Copyrights Registration in India Protects
Original literary, dramatic, musical and artistic works
Cinematograph films
Sound recordings
Computer programs
Terms of Copyright
Terms of Copyright
Generally, copyright lasts for 60 years from the date of publication, in case of a cinematograph film, sound recording, photograph, work of government or work of international body. In the case of original literary, dramatic, musical and artistic works, the term is lifetime of the author plus 60 years after the death of the author.
Copyright Protection of Foreign Works in India
Copyright Protection of Foreign Works in India
Copyrights of works of the countries mentioned in the International Copyright Order are protected in India, as if such works are Indian works.
Copyright Subsists in a Foreign Work
Copyright Subsists in a Foreign Work
The citizens of member country of Berne Convention, Universal Copyright Convention and TRIPS Agreement can enjoy copyright protection in India.
Copyright Protection for Indian Work
Copyright Protection for Indian Work
Copyright Protection under the Indian Copyright Act subsists within India. To cover the protection in foreign countries, India is a member of:
Berne Convention for the Protection of Literary and Artistic works.
Universal Copyright Convention
Convention for the Protection of Producers of Phonograms against Unauthorized Duplication of their Phonograms.
Multilateral Convention for the Avoidance of Double Taxation of Copyright Royalties. Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement.
It is not necessary that the works must be published before they can be registered. Even unpublished works may be registered. The Copyright Act of 1957 also provides for registration of works that was published prior to 1958.
To register an unpublished work, the copy of the manuscript to be submitted for receiving official stamp of the copyright office as a proof of filing. When two copies of the manuscript are filed, one copy is stamped and returned and the other copy will be kept at the copyright office.
An extract of the manuscript could be filed in lieu of the manuscript of the unpublished work. In case of registered unpublished work but subsequently published, the applicant can apply for the changes in the record/entry of the Copyright Office by filing Form V with prescribed fees.
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