Taj Trademark Services :: Copyright

A copyright is an intellectual property right which gives the owner of copyright an exclusive right to sell or reproduce the work in which copyright subsists. In common parlance, copyright is the right to copy or refuse copying a person's original creations. It is no longer restricted to literary and artistic creations but includes in its ambit a number of other rights termed as 'Neighboring Rights' viz. rights of Broadcasters, Performers etc.

The Copyright Act, 1957 as amended from time to time governs the copyright law in India. The new technological inventions necessitated protection of new rights arising because of these invention and this required amendment of the Copyright Act. The Indian Copyright law was amended to bring it in conformity with the provisions of International Conventions, namely, the Berne Convention, 1948 and the Universal Copyright Convention, 1952. The Act was accordingly amended in 1983, 1984, 1992, 1994 and finally in 1999 to bring it in conformity with all International Agreements entered into by the member countries of copyright conventions.
 

Salient Features Of Indian Copyright Law ...........

WORK IN WHICH COPYRIGHT SUBSISTS

- Literary Work
- Dramatic Work
- Musical Work
- Artistic Work
- Cinematograph film
- Sound Recordings

FIRST OWNER OF COPYRIGHT

Ordinarily, author of a work is the first owner of the Copyright therein.

ASSIGNMENT OF COPYRIGHT

- Copyright in a existing work or in a future work may be assigned by the owner or the prospective owner, as the case may be, either wholly or partially and either generally or subject to limitations and either for the whole term of the copyright or any part thereof.
- An assignment of the copyright must be in writing and signed by the assignor or his duly authorised agent.
- In absence of any specific clause in respect of the period of assignment, it shall be deemed to be 5 years from the date of assignment.

TERM OF COPYRIGHT

The Following is the term of Protection of Copyright:
1. Any literary, dramatic, Artistic or musical work Published within the lifetime Of the author Lifetime of author + 60 years from beginning of the calendar year next following the year in which the author dies.

2. Any anonymous/ Pseudonymous publication Of the above 60 years from beginning of the calendar year following the year of publication.

3. Copyright in posthumous Work 60 years from the demise of the owner.

4. Photographs 60 years from the beginning of the calendar year next following the year in which the photograph is published

5. Copyright in the work of Government, Public undertaking and International Organisation. 60 years from the year next to the year of publication.

6. Cinematographic film 60 year from the year next to the calendar year of the release of the movie.

BROADCASTER'S RIGHTS

- Every Broadcasting Organisation has a special right known as 'Broadcast Reproduction Right' in respect of its broadcasts.

- The term of Broadcast reproduction right is 25 years from the year in which broadcast was made.

PERFORMER'S RIGHTS

- Every performer has a special right known as the "Performer's right in relation to such performance"

- The term of Performer's right is 50 years from the year in which the performance was made.

LICENSES

- Owner or prospective owner of the copyright may grant any interest by license in writing.

COMPULSORY LICENSE

- Available when a petition is made to the Copyright Board on the grounds that the work is withheld from the public because:-

- the owner has refused to republish or allow the republication of work or has refused to allow the performance of the work in public.

- The owner has refused to allow the communication to the public by broadcast of such work or in the case of a sound recording, the work recorded in such sound recording.

- Compulsory License may be obtained on the above-mentioned grounds by making a petition to the Copyright Board and after necessary proceedings before the Board, the petition may be allowed.

INFRINGEMENT

The best test to determine whether or not there has been a violation of Copyright is to see if the reader, spectator or the viewer after having read or seen both the works is clearly of the opinion and gets an unmistakable impression that the subsequent work appears to be a copy of the original.

- The following remedies are available to the owner of the Copyright on infringement.

- INJUNCTION
- DAMAGES
- CIVIL as well as CRIMINAL Remedies
- CONTRACTUAL REMEDIES.

STATEMENT OF FURTHER PARTICULARS STATING:
(For Literary, Dramatic, Musical and Artistic Works only)

1. Is the work to be registered:

• An original work?
• A translation of a work in the public domain?
• A translation of a work in which copyright subsists?
• An adaptation of a work in the public domain?
• An adaptation of a work in which copyright subsists?

2. If the work is a translation or adaptation of a work in which copyright subsists:

• Title of the original work.
   
• Language of the original work
   
• Name, address, and nationality of the author of the original work and if the author is deceased, the date of his decease.
   
• Name, address and nationality of the publisher, if any, of the original work.
   
• Particulars of the authorisation for a translation or adaptation including the name, address and nationality of the party authorising.
   

Procedure..........

Filing Requirements..........

STATEMENT OF PARTICULARS STATING:
- Name, address and nationality of the Applicant

- Nature of the applicant's interest in the Copyright of the work.

- Classification of the work

- Title of the work

- Language of the work

- Name, address and nationality of the author and if the author is deceased, the dated of his decease.

- Whether work is published or unpublished.

- Year and country of first publication and name, address and nationality of the publisher.

- Years and countries of subsequent publications, if any, and names, address and nationalities of the publishers.
- Names, addresses and nationalities of the owners of the various rights comprising the copyright in the work and the extent of rights - held by each, together with particulars of assignments and licenses, if any.

- Names, addresses and nationalities of other persons, if any, authorised to assign or license the rights comprising the copyright.

- If the work is an "Artistic Work", the location of original work, including name, address and nationality of the person in possession of the work. (In the case of an architectural work, the year of completion of the work should also be shown).

- If the work is an 'artistic work' which is used or is capable of being used in relation to any goods, the application shall include a certificate from the Register of Trade Marks in terms of the proviso to sub-section (1) of section 45 of the Copyright Act, 1957.

Our Services....................

• Consolation
• Search
• Filing and prosecution of applications
• Suitable Reponses to official actions
• Infringement actions
• Cancellation petitions
• Licenses and Assignments.

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