What is Copyright?
Copyright is special right given to the creator of an original work for a stipulated period of time. In India Copyright registration is in effect after the enactment of The Copyright Act, 1957 with five amendments till 1999. The Copyright Act in India is drafted in compliance with many International treaties and convention, especially ‘THE BERNE CONVENTION’.
Importance of Copyright Registration: This is the most beneficial & advantageous feature of copyright is that, even though the right is territorial, due to the International treaties it has become an International right. If an author or owner registers his work in India will get right against all the 164 countries. Other Intellectual Property rights such as Trademark and patent do not have this aspect of Copyright.
Artistic works covering in Copyright
It also includes television broadcasts, industrial designs, graphic designs and even ideas which are substantive can be registered under Copyright. Copyright gives protection to the author of the work, by giving him monopoly rights for the creation of his work, to have a control on his work and benefit him.
Copyright Registration Process - Complete Process
Copyright registration does not have a search process
Primarily Apply Copyright Registry for the work with basic requirements
Secondly the application is processed for examination
Finally the application proceeds for certification
Important Points on Copyright Registration
TIME PERIOD FOR REGISTRATION – Varies from 2 to 3 years based on various factors. Process is mostly delayed as there is only one Copyright Registry for all over India.
VALIDITY OF COPYRIGHT REGISTRATION – Life time of the author plus sixty years from the date of death of the author.
Authorship and Ownership
Authorship and Ownership of Copyrights are two distinct concepts.
Each person has its own right. As regarding ownership of the Copyright, the author of a work, the person who creates it shall be the author as well as the owner.
If a work is done in the course of employment, the ownership will pass on to the employer. Under a contract of service or apprenticeship, the person at whose organization the work is done is the owner of the copyright.
If a work is done for the Government authority, the copyright ownership will be with the Government.
The benefits of registering a Copyright
Right to reproduce the work, issue copies
Right to make translation and adaptation
Right to Perform in Public
Right to sell or rent the work
Right to assign and relinquishment
Right to sue the infringer and claim damages
The other advantages are economic right and moral right.