1. What
is Copyright?
2. Is it compulsory to have registration
for copyright protection?
3. What are the criteria for award of copyright
protection?
4. Does the copyright law protect the ideas
of the author and the future commercial expressions
of the same idea?
5. What type of creative work does copyright
protect?
6. How long does copyright last?
7. Is copyright protection worldwide?
8. What are the various international Treaties
relating to the Copyright?
9. What work should I protect?
10. What is the benefit of protecting
my work?
11. Can I transfer my copyright?
12. Can a company be considered the author?
Can an author and owner be different from one another?
13. Who is an author?
14. What are the rights of an author?
15. How much do I have to change in order
to claim copyright in someone else's work?
16. What are the authorities created under
the Copyright Act?
17. Is it possible for other people to
use the copyrighted work even without the consent of
the owner?
18. What are the remedies in case of an
infringement of copyright?
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1.
What is Copyright?
Copyright is a legal right, given exclusively
to the creator/originator (or assignee) to make further
copies for publication and public performance.
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2.
Is it compulsory to have registration for copyright
protection?
No, it is not compulsory to register Copyright.
Berne Convention grants “inherent protection”
which means the holder does not have to comply with
any formalities for the purposes of copyright protection.
But we recommend you to obtain registration because
registration is a prima facie proof of ownership and
it might be easier to persuade judicial and administrative
authorities to grant you interim relief even without
notice to the infringers.
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3.
What are the criteria for award of copyright protection?
Copyright protection will be available if
the following two conditions are fulfilled:
a. Originality, meaning that
the work owes it origin to the author. Originality is
different from novelty. An author of the work need not
be the first to articulate the ideas or create the work.
b. Reduction into tangible form.
For a work to be protected, it must be written down,
drawn, painted or taped. Mere oral expression of idea
will not qualify for copyright protection.
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4.
Does the copyright law protect the ideas of the author
and the future commercial expressions of the same idea?
No. The copyright law does not protect the
idea and protects only the method of expression of idea.
If an idea can only be expressed in a single way, such
expressions cannot be protected under the Law of Copyright.
Future commercial expressions of the idea cannot be
protected under the Law of Copyright and it can be protected
only under the Law of Patent.
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5.
What type of creative work does copyright protect?
Categories of works
of authorship can include but are not limited to; Literary,
Dramatic (including accompanying music) and Musical
(including accompanying words or lyrics), Choreographic
(including Pantomimes), Pictorial, Graphic, Sculptural,
Computer Programs, Motion Pictures, Audiovisual and
Sound recordings and Architectural works.
The subject matter of Copyright is generally described
as an original creation of authorship that must be fixed
in a tangible medium of expression. The works as now
known or as later developed, must exist in some physical
form. Virtually any form of expression will act as a
tangible medium from which they can be reproduced or
communicated, directly or using a machine or a device.
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6.
How long does copyright last?
The duration of the
protection depends on the type of copyright.
In case of ‘literary work’ Copyright
lasts for the life span of the author and for sixty
years after the author's death.
The same principle applies to joint authorship (two
or more), with the copyright lasting for the life span
of the longest surviving author and sixty years after
the longest surviving authors death.
In the case of anonymous and psydonoumous work the copyright
will subsist for sixty years from the date of publication.
Copyright in photographs will subsists for
sixty years from the next calendar year of publication.
Copyright for cinematographic films will be
sixty years from the next calendar year of publication.
Copyright for sound recording will be sixty
years from the next calendar year of publication.
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7.
Is copyright protection worldwide?
Most countries have acts of law relating to
intellectual property and copyright issues with regard
to their citizens rights. These countries are usually
signatories to the numerous world treaties and agreements
on copyright. Copyright laws are fairly similar worldwide.
Many countries insist that for a work to be protected
in their territories, there must be a publication within
their territory within one year of the first publication.
This requirement can be complied with by sending an
e-mail with the attachment of the protected work to
an addressee in other territories.
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8.
What are the various international Treaties relating
to the Copyright?
There have been numerous
international copyright conventions some of which include;
Universal Copyright Convention at Geneva in 1952.
Universal Copyright Convention as revised at Paris on
24th July 1971.
Berne Convention for the Protection of Literary and
Artistic Works, Paris Act of 24th July 1971 as amended
on September 28th 1979.
[Note: The first Berne Convention was on September
9th 1886]
WIPO World Intellectual Property Organization Diplomatic
Conference Geneva, December 2 to 20, 1996
WIPO Copyright Treaty of December 20th 1996
WIPO Performances and Phonograms Treaty of December
20th 1996
The World Trade Organization Agreement on Trade Related
Aspects of Intellectual Property Rights, Final Act Marrakech
on 15th April 1994.
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9.
What work should I protect?
You should protect everything that you create
and which you consider to be of value to you, or yours,
now or in the future. If it is worth creating and if
others would find it worthy of copying then it is worth
protecting.
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10.
What is the benefit of protecting my work?
Once your creation has been fixed in a tangible
medium of expression the copyright on your work is protected
by copyright law.
By registering your copyright you will have irrefutable
proof of first ownership of your intellectual property.
This proof can be used in a court of law in alleged
cases of copyright infringement. When faced with an
alleged case of copyright infringement you need this
proof.
Proving the date of creation can be a problem. Copyright
registration can make the proof on this point a lot
easier. By registering it you will have an individually
numbered certificate of registration of copyright relating
to that particular copyright work.
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11.
Can I transfer my copyright?
Copyright can be 'assigned'
(sold or given away) by the execution of a written document
signed by the copyright owner. It is also possible for
you to grant a copyright license, for a limited period
of time, for specified forms of reproduction and merchandising,
and in limited countries throughout the world. It can
be for a specified flat fee or royalty, or both. In
this way, you keep the copyright, and control over the
merchandising, and still generate income, with the client
also achieving their commercial aims.
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12.
Can a company be considered the author? Can an author
and owner be different from one another?
A company can never
be considered as an author of a work. However, it can
become the owner, if the author creates the work within
the scope of an employee's duties. A distinction between
contract of employment and contract for services. In
the first case the employer becomes the owner
and in the second case the author becomes the owner.
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13.
Who is an author?
Under the copyright law, the creator of the
original expression in a work is its author. The author
is also the owner of copyright unless there is a written
agreement by which the author assigns the copyright
to another person or entity, such as a publisher. In
cases of works made for hire, the employer or commissioning
party is considered to be the author.
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14.
What are the rights of an author?
If the owner of the
work is different from the author, the author will be
eligible for the “moral rights”
of the author. These rights include the right to be
identified as an author and the right against the mutilation
of the copyrighted work.
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15.
How much do I have to change in order to claim copyright
in someone else's work?
Only the owner of copyright in a work has the
right to prepare, or to authorize someone else to create
a new version of that work. Accordingly, you cannot
claim copyright to another's work, no matter how much
you change it, unless you have the owner's consent.
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16.
What are the authorities created under the Copyright
Act?
Under the Copyright Act there is a Registrar
of Copyright and a Copyright Board, which
specifically ascertain roles and responsibilities.
Copyright Office is an Administrative Authority
and Copyright Board is a quasi–judicial
body headed by a retired Supreme Court Judge.
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17.
Is it possible for other people to use the copyrighted
work even without the consent of the owner?
Yes. But before that
they would have to apply to the Copyright Board and
obtain a Compulsory License. The Board will determine
the terms and conditions under which the other person
can get a compulsory license.
In addition, the Section 52 lays down that certain types
of uses of Copyright will not amount to a copyright
infringement.
For your information the Section 52 runs into 5 pages
in fine print and hence it is advisable to consult an
attorney.
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18.
What are the remedies in case of an infringement of
copyright?
The Law provides civil
and criminal remedies in case of infringement of copyright.
Copyright infringement is a cognizable offence where
a Police Officer not below the Rank of a Sub-Inspector
can arrest the offender without the warrant and conduct
the search even without prior authorization of a Court.
Copyright infringement if proved in a Court of Law carries
a minimum mandatory sentence of imprisonment of six
months and minimum fine of Rs. 50,000 which can extend
upto Rs. 2 lakh. The Act further provides that there
will be an enhanced penalty in case of second and subsequent
convictions.
In Civil Cases, the District Court can be persuaded
not only to give an interim injunction without notice
to the other party but also usually gives a direction
under Order 39 Rule 7 of C.P.C. where a Commissioner
appointed by the Court will visit the premises of the
infringers and will be empowered to conduct a search
of the inventors premises and cease infringing material
from the infringers premises. The seized material can
be used at a later point of time to establish infringement.
In UK these types of orders are called ANTON PILLOR
ORDERS.
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