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FAQs
On Copyrights
Q.What is
copyright?
Copyright is a form of intellectual property protection granted
under the Indian Copyright Act 1957, to the creators of original
works of authorship such as literary, dramatic, musical, artistic,
and certain other intellectual works. The copyright vests in original
work in whatever form it may be and in India it is not mandatory
but useful in courts where civil and/or criminal proceedings can
be taken to protect it.
Q.What does
a copyright protect?
Copyright law protects creative expression, not fact, idea system
or method of process or operation. Expression may be found in product
design, written expression, traditional artistic works, and other
original works such as literary, dramatic, musical, and artistic
works such as poetry, novels, movies, songs, computer software and
architecture.
Q.What are the rights available through copyright protection?
Copyright owners have the exclusive rights to do or authorise the
doing of any of the following in respect of a work :
· to reproduce the work in any material form including the
storing of it in any medium by electronic means
· to issue copies of the work to the public not being copies
already in publication
· to perform the work in public, or communicate it to the
public
· to make any translation or adaptation of the work
· to sell or give on hire, or offer for sale or hire a copy
(in case of a computer programme), regardless of whether such copy
has been sold or given on hire on earlier occasions.
· copyright confers a number of rights, some or all of which
can be granted to others either exclusively or non-exclusively.
Q.How to
obtain copyright protection for a software/algorithm developed by
us?
To protect your work from piracy etc. you can file application for
copyright protection of your software/algorithm and in fact, your
single application in India can provide you international protection
for your software/algorithm.
Q.Is it compulsory for me to register my work with Copyright
Office to get copyright protection?
No. Your work is protected by a copyright at the moment you create
it in a tangible form (written copy, recorded music, filmed movie,
digital data saved on a computer disk).
It is not necessary
under the Indian Copyright Act to register with the Copyright Office
to get copyright protection. Registration of the work is however
highly recommended because such registration is helpful in an infringement
suit. As per the Copyright Act, the register of copyrights (where
the details of the work are entered on registration) is prima facie
evidence of the particulars entered therein. The documents purporting
to be copies of any entries therein, or extracts from the register
which are certified by the Registrar of copyrights and with the
seal of the copyright office, are admissible as evidence in all
courts without proof or production of the original. India is a member
of both Berne and Universal Conventions and Indian law extends protection
to all copyrighted works originating from any of the convention
countries. However, in case of infringement of copyright, during
court proceedings, copyright registration with the government of
India serves as an advantage.
Q.What part
of my creation does copyright law protect ?
Copyright law prevents copying of expression. Facts and ideas are
not protectable under copyright law.
Q.How long is a copyright valid
The duration of a copyright depends on when the author acquired
the copyright. Currently, the duration for individuals is life of
the author plus 70 years, or the case of a joint work, the term
lasts for 70 years after the last surviving author's death.alternatively
75 years, whichever is longer. If a company is the author, the duration
is 95 years from the year of first publication or 120 years from
the year of creation, whichever expires first.
Q.What is the geographic scope of protection of a copyright ?
Treaties provide for substantially worldwide protection.
Q.What is
proper copyright notice?
Notice has three parts. First, a word, abbreviation, or symbol designating
copyrights (copyright, cprt, or ©). Next, the name of the author.
Finally, the year in which the work was completed. Multiple years
indicate multiple years of completion (i.e. continuing editing).
Use of the words "All rights reserved" provides protection
in a couple South American countries
Q.Can a company
be considered the author?
A company can be considered the author of works done within the
scope of an employee's duties. Such work by an employee by which
the company is considered the author is called "work for hire".
A company under certain circumstances can be considered the author
of works of independent contractors. Companies can also become the
owner of copyrights through assignments.
Q.Can I license
or sell my copyright?
Yes. Just like patents or trademarks (or any other property), any
or all of the rights of ownership in a copyrighted work may be transferred
by the owner to another party. Usually, a legal agreement outlining
the transfer accompanies the license or sale.
Ownership of Copyrights
Q.Who is
the first owner of copyright?
The author of a work shall be the first owner of the copyright therein.
However, in the case of a literary dramatic or artistic work made
by the author in the course of his employment by the proprietor
of a newspaper, magazine or similar periodical under a contract
of service or similar periodical the proprietor shall be the first
owner.
In whom the copyright vest in the case of a photograph taken or
painting or portrait drawn for valuable consideration at the instance
of any person?
In the absence of any agreement to the contrary the copyright will
vest in the person on whose instance work has been done.
Q. In whom the copyright vest in the case of any address o speech
delivered in public?
. In the case of any address or speech delivered in public, the
person who has delivered such speech or address on behalf of any
other person, such other person shall be the first owner of the
copyright therein. In whom the copyright vest in case of Government
work?
In the absence of any agreement to the contrary in the case of a
Government work, Government shall be the first owner of the copyright.
Q. Is assignment of copyright possible?
Yes. the owner of copyright in any existing work or the prospective
owner of the copyright in any future work may assign to any person
the copyright either wholly or partially either generally or subject
to limitations.
When does the assignment of copyright with respect to the future
work takes place?
It shall take effect only when the work comes into existence.
Q. What are the modes of assignment of copyright?
The assignment of copyright should be in writing and must be signed
by the assignor or his duty authorized agent.
1. The assignment of work should specify the right assigned, identify
the work and mention duration and territorial extension, amount
of royalty payable if any payable to the author or his legal heir.
If the period of assignment is not stated, it shall be deemed to
be 5 years from the date of assignment if the territorial extent
is not specified it shall extend within India.
Q. Who decides the dispute with regard to the assignment of copyright?
Ans. These disputes are decided by, copyright board.
Can the author relinquish copyright?
Ans. Yes the author can relinquish copyright in the work by giving
notice in the prescribed form to the registrar of copyrights. It
shall not affect any rights subsisting in favour of any
Person on the date of the notice referred to in sub-section(1)
Terms
of Copyrights
Q.What is the term of copyright in published literary, dramatic,
musical and artistic work?
In case of work published within the life time of the author until
60 years from the beginning of the calendar year next following
the year in which the author dies.
Q. What is the term of copyright in anonymous and pseudonymous
work?
In the case of a literary, dramatic, musical or artistic work, which
is published anonymously or pseudonymously copyright shall subsist
until sixty years from the beginning of the calendar year next following
the year in which the work is first published.
Where the identity of the author is disclosed before the expiry
of the said period, copyright shall subsist until 60 years from
the beginning of the calendar year next following the year in which
the author dies. What is the term of copyright in photograph?
Copyright in photograph shall subsist until sixty years from the
beginning of the calendar year next following the year in which
the photograph is published.
Q.What is the term of copyright in sound recording and cinematograph
films?
In the case of sound recording copyright shall subsist until 60
years from the beginning of the calendar year next following the
year in which the work is published.
Q. What is the term of copyright in Government work and work
of public undertaking?
In both the cases, it will subsist upto the period of 60 years from
the beginning of the calendar year next following the year in which
work is first published.
Q.What is
the term of copyright in posthumous work?
In this type of cases copyright shall subsist until sixty years
from the beginning of the calendar year next following the year
in which the word year in which the work is first published or where
an adaptation of the work is published earlier from the beginning
of the calendar year next following that year.
Infringement of Copyright
Q.When does
the copyright deemed as infringed?
Copyright in a work shall be deemed to be infringed,
1. If a person does anything the exclusive right to do which is
by this Act conferred upon the owner of the copyright or
2. Permits for profit any place to be used for the communication
of the work to the public where such communication constitutes an
infringement of the copyright in the work.
3. If any person sale, hire, distribute, by way of trade exhibits
in public, imports into India any infringing copies of the work.
Q.What type
of acts do not amount of infringement of copyright?
Fair dealing with a literary, dramatic, musical or artistic work
for the purpose of criticism or review.
Civil Remedies
Q.What kind of civil remedies are available in case of infringement
of copyright?
In case of infringement of copyright, owner of the copyright shall
be entitled to all such remedies by way of injunction, damages,
accounts and otherwise as are or may be conferred by law for the
infringement of a right.
Q.Does the
author posses any special rights?
The author of a work shall have the right,
1. Claim authorship of the work or
2. Restrain or claim damages in respect of any distortion mutilation,
modification or other act in relation to the said work which is
done before the expiration of the term of copyright.
The right conferred upon an author of a work by sub-section(1) other
than the right to claim authorship of the work may be exercised
by the legal representative of the author.
Q. Does the Act put any restriction on the remedies in the case
of works of architecture?
Where the construction of a building or other structure which infringes
or which if completed would infringe the copyright in some other
work has been commenced, the owner of the copyright shall not be
entitled to obtain an injunction to restrain construction of such
building or to order its demolition.
Offences
Q.What is the provided punishment for a person guilty of infringement
of copyright?
If any person knowingly infringes or abets the infringement of
1. The copyright in a work or
2. Any other right conferred by this Act
shall be punishable with imprisonment for a term which shall not
be less than 6 months and which may extend to 3 years and with fine
which shall not be less than fifty thousand rupees but which may
extend to two lakh rupees
What punishment can be imposed on a person guilty of possession
of plates for the purpose of making infringing copies?
Such person shall be punishable with imprisonment which may extend
to two years and shall also be liable to fine.
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