COPYRIGHT FAQ
What is Copyright?
Copyright is the legal right that grants the creator of original works exclusive control over its reproduction and distribution. It protects creative works like books, music, art, films, and sound recordings. The copyright holder has the right to reproduce, distribute, perform, or display the work. Copyright is automatically granted when an original work is created in a tangible form.
What types of work are protected?
Here are some types of work that are protected under copyright:
Can I register a copyright in India?
Yes, you can register a copyright in India for both published and unpublished works.
FAQ
What are the benefits of registering a copyright?
Who is an author?
Is it necessary to register a work to claim copyright?
What is the procedure for registration of a work under the Copyright Act, 1957?
What is copyright infringement?
What rights does copyright provide ?
Copyright law provides copyright owners with the following exclusive rights:
- Reproduce the work in copies or phonorecord
- Prepare derivative works based upon the work.
- Distribute copies or phonorecords of the work to the public by sale or other transfer of ownership or by rental, lease, or lending.
- Perform the work publicly if it is a literary, musical, dramatic, or choreographic work; a pantomime; or a motion picture or other audiovisual work.
- Display the work publicly if it is a literary, musical, dramatic, or choreographic work; a pantomime; or a pictorial, graphic, or sculptural work. This right also applies to the individual images of a motion picture or other audiovisual work.
- Perform the work publicly by means of a digital audio transmission if the work is a sound recording.
Copyright also provides the owner of copyright the right to authorize others to exercise these exclusive rights, subject to certain statutory limitations.
Ordinarily the author is the first owner of copyright in a work.
Yes. Copyrights of works of the countries mentioned in the International Copyright Order are protected in India, as if such works are Indian works.
Copyright is automatically acquired as soon as an original work is created and fixed in a tangible form; no formal registration is required. However, registering the copyright and obtaining a certificate serves as prima facie evidence in court in case of a dispute over the ownership of the work. While registration is not mandatory, it provides legal advantages in proving ownership.
The term of protection of copyright depends on the type of work.
In case of Literary, dramatic, musical and artistic work (other than photographs)– the copyright subsists during the lifetime of author and until sixty years from the beginning of the calendar year next following the year in which the author dies.
In case of Photographs, cinematograph films, sound recordings, works of government, public undertakings, international organizations, anonymous, pseudonymous and posthumous works – the copyright subsists until sixty years (60) from the beginning of the calendar year next following the year in which the work is first published.
Yes, The owner of the copyright in an existing work or the prospective owner of the copyright in a future work may assign to any person the copyright either wholly or partially and either generally or subject to limitations and either for the whole term of the copyright or any part thereof.
Only the copyright owner has the right to create or authorize a new version of their work. You cannot claim copyright to someone else's work, even if you make significant changes, unless you have the owner's consent.
A copyright society is a registered collective administration society. Such a society is formed by copyright owners. A copyright society can issue or grant licences in respect of any work in which copyright subsists or in respect of any other right given benefits of registering a copyright by the Copyright Act.
