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What is Copyright registration in india

Published On: Nov. 26, 2017 By:
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What is Copyright registration?

In India, the Copyright Act, 1957, accompanied by the Copyright Rules, 1958, is the prevailing regulation for copyright protection. The laws dictated under Copyright Act enables the creation of property rights for innovative and intellectual content. It serves to protect the official rights of the innovator and safeguards his or her work by averting further imitation of that work. The existing copyright laws safeguard a range of intellectual property from computer software to any published work and more. The works that can be protected include:

  1. Literary works such as articles, journals books and so on. Moreover, reworked copy, renditions etc are also taken into consideration and are shielded under the copyright law.
  2. Dramatic Works involve content that can be physically performed. It need not be fixed in writing or otherwise. Dance routine, costumes, and scenery and more that are linked to a drama, are examples of dramatic works.
  3. Any work involving music, where the lyrics of a song and the music consist of separate rights. These two rights cannot be merged.
  4. Works including paintings, carving, illustrations, engravings, photographs, architectural works and more, are referred to as artistic works.
  5. The recording of moving images by the means of video recording using web cams and mobile phones is denoted as In addition, the sound tracks of movies are also included under the umbrella of cinematography. These cinematographic films and soundtrack are protected under this Act.

Rights safeguarded by the Copyright Act

  1. In order to gain copyright protection, the work needs to be authentic. The benchmark for judging the originality is determined by the skill and way of thinking and/or quality of labor. The law command in India guarantees copyright protection to even a low quality of investment in labor, the skill and way of thinking.
  2. The Copyright Act provides the right to reproduce allowing reproduction of the work in any manner as per as mentioned in Article However, it is obligatory to confirm when an individual engaged in replication of the work, is anticipating to attain commercial advantage out of it. Under other circumstances, it is mandatory to get the consent of the author.
  3. Moreover, the copyright holder is entitled to circulate his work through any medium as he deems fit. That individual is also entitled to license it when he gives it out on rental. Furthermore, the possessor has the authority to designate specific rights to another individual.
  4. The owner has the liberty to make use of the work in any way as deemed fit .The associated rights of the owner are a crucial element in this Act as well. The right to integrity safeguards the title holder from misrepresentation, damage or alteration of the author’s original work.
  5. The Right to Publicly Perform entitled to the copyright owner allows him or her to perform their work in public. There is no limit on the strength of the public. As per as Article 11, the copyright owner has the right to perform in front of a large group of people.
  6. Right to Broadcast allows distribution of the work via any medium and broadcast the work in the public domain along with the Internet. However, the terms and conditions of the right to use will be determined by the copyright owner.
  7. The right of Public Recitation is also assured to the literary work authors.
  8. The authors are conferred with the right known as Right to Follow or Droit de Suite which allows the author to secure a proportion of the successive sales of their work.
    - Copyright Act , the moral rights are protected by the Berne Convention. Rights such as Right of Paternity and the Right of Integrity demonstrate how copyright is a personal right of the author, and of the work, and deserves recognition for his inventiveness. The Right of Paternity or Attribution secured by the copyright holder exists to provide the author the right to declare his authority over his work. Whereas, the Right of Integrity prevents any falsification of the author’s work in order to maintain the status and privilege of the right owner.
    - When computer software and files are taken into consideration, it is difficult to protect the copyright of the creator through ordinary copyright laws. Nonetheless, sui generis rights grant security to all such databases. This right subsists for a term of fifteen years. As mentioned in Article 15, Right to Enforce Protected Rights facilitate all copyright carriers to bring about encroachment proceedings against any breach in their work. As guaranteed by Berne Convention, the authors shall have the absolute right to approve the reproduction of their works. There will be no constraint to the reproduction of the copies, as long as there are no profits making agendas. The reproduction should not under any circumstances damage the economic and non-economic rights of the copyright title-holder.

Violation of Copyright Act :

Copyright infringement is a criminal offense and if convicted, the person engaged in the infringement can be sentenced to prison for six months with the least amount of Rs. 50,000/- payable by that individual. Thus, a person will be held guilty of infringement under Section 63 of the Copyright Act. However, if the same person is found culpable for the second time, for the successive conviction, the minimum punishment will be increased to one year in prison along with a fine of Rs. 1, 00,000/-.When an offense of infringement of copyright in any work is reported, a police officer with the rank of a sub inspector, but not below it, has the authority to confiscate the content without a warrant. Thereafter, all replicas of that particular work will be presented before a magistrate. In conclusion, it can be said that it is necessary to have a detailed understanding of “what is copyright” all about. Copyright law effectively safeguards the rights of copyright owners. India has successfully modified and updated its copyright law. According to the New Copyright Bill that was sanctioned in 2012, provides ample amount of opportunity to protect the contents of lyricists, performers and artists and more when that content is publicized. This is a major improvement in the field of Copyright.

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