WHAT A COPYRIGHT IS?
Copyright, as the word suggests, confers a legal right to the creators of literary, dramatic, musical and artistic works as well as to the producers of cinematograph films and sound recordings. The concept of copyright was initiated to ensure the protection of a creative person’s intellectual works and to encourage innovativeness by lifting its uniqueness and guard the work against being reproduced by unauthorized beings.
Copyright is guaranteed with a legal recognition under the Copyrights Act 1957. The right authorizes a person to reproduce, translate, bequeath or sell the work for consideration. But the ideas, methods or procedures cannot be copyrighted. The registration of Copyright is done at the Copyright Office, under the control of Registrar of Copyrights who shall act under the guidance of Central Government. The term of Copyright differs in respect to the kind of work copyrighted which is dealt with under Chapter V of the Copyrights Act 1957.
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WHAT CAN BE COPYRIGHTED?
The rights permitted to an owner of copyright varies as to the type of original work which is noted down:-
- In the case of artistic, literary, dramatic and musical work which are not computer programs the owner of Copyright has the power to reproduce, translate, issue copies, perform/communicate to the public, to make cinematographic films with respect to the work Copyrighted.
- The creator of computer programs will have the right to sell or rent out the program for consideration in addition to the rights mentioned in the point above.
- When a sound recording or cinematographic film including photographs are copyrighted then the creator has the right to reproduce, communicate to the public, store in electronic form, sell or rent out the work.
WHY IS REGISTRATION OF COPYRIGHT IMPORTANT
- The registration grants the creator of the work a legal guard against any infringement of his rights.
- Copyright makes your work more unique and it gives right for you to market it among the targeted consumers.
- The creator gets exclusive right in reproducing, translating, disseminating and adapting the copyrighted work.
- The certificate of registration of Copyright acts as evidence before any court of law in reference to your ownership.
- It acts as intellectual property and the goodwill can be bequeathed, sold or rented out by the owner.
- It preserves the original work and protects it from being duplicated.
- The copyright protection granted by the Indian legal system is widely accepted by many foreign countries which allow the work to seek privilege in those countries.
- Registration makes the work more publically acceptable and it can be easily identified and searched with the registered database.
DOCUMENTS/DETAILS REQUIRED.
- IDENTITY PROOF: The identity proof of the author and the applicant must be produced.
- CERTIFICATE OF INCORPORATION: If the copyright is registered on behalf of a company then the certificate of incorporation must be produced.
- CLASS, DESCRIPTION, AND TITLE OF WORK
- COPY OF THE WORK: The copy of the work, if not in English then with a translation in English must be made.
- DETAILS OF PUBLICATION: If the work is published then the details of such publication must be made.
- POWER OF ATTORNEY IN FAVOUR OF THE ATTORNEY
- NOC FROM AUTHOR/PUBLISHER(if applicable)
- SEARCH CERTIFICATE: Search Certificate is required from the Trade Mark Office (TM -60) if the work is being used on goods or capable of being used on the goods.
