What is the procedure for registration of a work under the Copyright Act,? Copyright comes into existence as soon as a work is created and no formality is required to be completed for acquiring copyright. However, facilities exist for having the work registered in the Register of Copyrights maintained in the Copyright Office of the Department of Education. The entries made in the Register of Copyrights serve as prima-facie evidence in the court of law. The Copyright Office has been set up to provide registration facilities to all types of works and is headed by a Registrar of Copyrights and is located at B.
What are the guidelines regarding registration of a work under the Copyright Act? Chapter VI of the Copyright Rules, , as amended, sets out the procedure for the registration of a work. The procedure for registration is as follows:. Application for registration is to be made on Form IV Including Statement of Particulars and Statement of Further Particulars as prescribed in the first schedule to the Rules ; Separate applications should be made for registration of each work; Each application should be accompanied by the requisite fee prescribed in the second schedule to the Rules ; and The applications should be signed by the applicant or the advocate in whose favour a Vakalatnama or Power of Attorney has been executed.
The Power of Attorney signed by the party and accepted by the advocate should also be enclosed. Each and every column of the Statement of Particulars and Statement of Further Particulars should be replied specifically. Both published and unpublished works can be registered. Copyright in works published before 21 st January, , i. Three copies of published work may be sent along with the application. If the work to be registered is unpublished, a copy of the manuscript has to be sent along with the application for affixing the stamp of the Copyright Office in proof of the work having been registered.
In case two copies of the manuscript are sent, one copy of the same duly stamped will be returned, while the other will be retained, as far as possible, in the Copyright Office for record and will be kept confidential. It would also be open to the applicant to send only extracts from the unpublished work instead of the whole manuscript and ask for the return of the extracts after being stamped with the seal of the Copyright Office. When a work has been registered as unpublished and subsequently it is published, the applicant may apply for changes in particulars entered in the Register of Copyright in Form V with prescribed fee.
Application for registration of copyright alongwith statement of particulars and instructions for filling up the statement of particulars are at Appendix - I. It is protected for a limited period of time. The general rule is that copyright lasts for 60 years. In the case of original literary, dramatic, musical and artistic works the year period is counted from the year following the death of the author. In the case of cinematograph films, sound recordings, photographs, posthumous publications, anonymous and pseudonymous publications, works of government and works of international organisations, the year period is counted from the date of publication.
Is there any advisory body on copyright matters? There are no special courts for copyright cases. The regular courts try these cases.
There is a Copyright Board to adjudicate certain cases pertaining to copyright. The Copyright Act provides for a quasi-judicial body called the Copyright Board consisting of a Chairman and two or more, but not exceeding fourteen, other members for adjudicating certain kinds of copyright cases.
The 'Fair Use' Rule: When Use of Copyrighted Material Is Acceptable
The Chairman of the Board is of the level of a judge of a High Court. The Board has the power to:. The Registrar of Copyrights has the powers of a civil court when trying a suit under the Code of Civil Procedure in respect of the following matters, namely, summoning and enforcing the attendance of any person and examining him on oath; requiring the discovery and production of any document; receiving evidence on affidavit; issuing commissions for the examination of witnesses or documents; requisitioning any public record or copy thereof from any court or office; any other matters which may be prescribed.
As per the Indian Copyright Act, a "Performer" includes an actor, singer, musician, dancer, acrobat, juggler, conjurer, snake charmer, a person delivering a lecture or any other person who makes a performance.
What are the rights of a performer in a cinematograph film? What are the rights of a broadcasting organization? The rights of a broadcasting organization with reference to a broadcast are : right to re-broadcast the broadcast; right to cause the broadcast to be heard or seen by the public on payment of any charges; right to make any sound recording or visual recording of the broadcast; right to make any reproduction of such sound recording or visual recording where such initial recording was done without licence or, where it was licensed, for any purpose not envisaged by such licence; and right to sell or hire to the public, or offer for such sale or hire, any sound recording or visual recording of the broadcast.
Is copyright of foreign works protected 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. A list of such countries is at Appendix- IV.
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Which are the international copyright conventions of which India is a member? Copyright as provided by the Indian Copyright Act is valid only within the borders of the country. To secure protection to Indian works in foreign countries, India has become a member of the following international conventions on copyright and neighbouring related rights:. Berne Convention for the Protection of Literary and Artistic works.
Universal Copyright Convention. What is collective administration of copyright? Collective administration of copyright is a concept where management and protection of copyright in works are undertook by a society of owners of such works. Obviously no owner of copyright in any work can keep track of all the uses others make of his work.
When he becomes a member of a national copyright society, that society, because of its organisational facilities and strength, is able to keep a better vigil over the uses made of that work throughout the country and collect due royalties from the users of those works. From this it can automatically be inferred that it will be in the interests of copyright owners to join a collective administration organisation to ensure better protection to the copyright in their works and for reaping optimum economic benefits from their creations. Users of different types of works also find it easy to obtain licences for legal exploitation of the works in question, though the collective administrative society.
A copyright society is a registered collective administration society. Such a society is formed by copyright owners. The minimum membership required for registration of a society is seven. Ordinarily, only one society is registered to do business in respect of the same class of work. A copyright society can issue or grant licences in respect of any work in which copyright subsists or in respect of any other right given by the Copyright Act.
What are the functions of a copyright society? Issue licences in respect of the rights administered by the society. Collect fees in pursuance of such licences. Distribute such fees among owners of copyright after making deductions for the administrative expenses.
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Are there any registered copyright societies in India? The following are the registered copyright societies in India:. Road, Worli, Mumbai , for cinematograph and television films. Is it necessary to obtain licences from more than one society for exploitation of a work? In many cases, it is necessary to obtain licences from more than one society. For example, playing of the sound recording of music may involve obtaining a licence from the IPRS for the public performance of the music as well as a licence from the PPL for playing the records, if these societies have the particular work in their repertoire.
The author of a work has the right to claim authorship of the work and to restrain or claim damages in respect of any distortion, mutilation, modification or other acts in relation to the said work which is done before the expiration of the term of copyright if such distortion, mutilation, modification or other act would be prejudicial to his honour or reputation. Moral rights are available to the authors even after the economic rights are assigned. Will failure to display a work infringe the moral rights of an author?
Failure to display a work or to display it to the satisfaction of the author shall not be deemed to be an infringement of the moral rights of the author.
Copyright Timeline: A History of Copyright in the United States
Which are the common copyright infringements? The following are some of the commonly known acts involving infringement of copyright:. Making infringing copies for sale or hire or selling or letting them for hire; Permitting any place for the performance of works in public where such performance constitutes infringement of copyright; Distributing infringing copies for the purpose of trade or to such an extent so as to affect prejudicially the interest of the owner of copyright ; Public exhibition of infringing copies by way of trade; and Importation of infringing copies into India.
Has the owner of an auditorium or a hall any liability while renting out the place for communication to the public of a copyrighted work? If a person permits for profit any place to be used for the communication of a work to the public, where such communication constitutes an infringement of the copyright in the work, unless he was not aware and had no reasonable ground for believing that such communication to the public would be an infringement of copyright, he will be deemed to have committed an offence under the Copyright Act.
What are the civil remedies for copyright infringement? A copyright owner can take legal action against any person who infringes the copyright in the work. The copyright owner is entitled to remedies by way of injunctions, damages and accounts. Which is the court having jurisdiction over civil remedies in copyright cases?
Copyright Timeline: A History of Copyright in the United States - Association of Research Libraries
The District Court concerned has the jurisdiction in civil suits regarding copyright infringement. What is the proof of the authorship of a work? Where, in the case of a literary, dramatic, musical or artistic work, a name purporting to be that of the author or the publisher appears on copies of the work as published, or, in the case of an artistic work appeared on the work where it was made, the person whose name so appears or appeared shall, in any proceeding in respect of copyright in such work, be presumed, unless the contrary is proved, to be the author or the publisher of the work, as the case may be.
What are the rights of owner over infringing copies and equipments used for making infringing copies?
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All infringing copies of any work in which copyright subsists and all plates used or intended to be used for the production of such infringing copies shall be deemed to be the property of the owner of the copyright. What are the remedies in the case of groundless threat to legal proceedings? Is copyright infringement a criminal offence?
Any person who knowingly infringes or abets the infringement of the copyright in any work commits criminal offence under Section 63 of the Copyright Act.
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What are the punishments for a criminal offence under the copyright law? The minimum punishment for infringement of copyright is imprisonment for six months with the minimum fine of Rs. In the case of a second and subsequent conviction the minimum punishment is imprisonment for one year and fine of Rs. Is copyright infringement a cognizable offence? Any police officer, not below the rank of a sub inspector, may, if he is satisfied that an offence in respect of the infringement of copyright in any work has been, is being, or is likely to be committed, seize without warrant, all copies of the work and all plates used for the purpose of making infringing copies of the work, wherever found, and all copies and plates so seized shall, as soon as practicable be produced before a magistrate.
How are the seized infringing copies or plates disposed off?