disclaimer

• The Copyright Act, 1957 protects the right of authors in the following classes:
• Literary work including computer programmes
• Dramatic work
• Musical work
• Artistic work
• Cinematograph films
• Sound recordings
• It is important to note that computer programmes are protected under the Copyright Act and are treated as literary works. In addition to the rights applicable to a literary work, owner of the copyright in a computer programme enjoys rights to sell or give on hire or offer for sale or hire, regardless of whether such a copy has been sold or given on hire on earlier occasion.
• Unlike patents, copyright protects the expressions and not the idea per se. There can be no copyright on an idea or a concept. It is also important to remember that copyright does not ordinarily protect titles or names, short word combinations, slogans, short phrases, methods, plots or any factual information. To get the protection of copyright a work must be original.

• Ordinarily the author is the first owner of copyright in a work.
• In the case of a literary or dramatic work the author, i.e., the person who creates the work.
• In the case of a musical work, the composer.
• In the case of a cinematograph film, the producer.
• In the case of a sound recording, the producer.
• In the case of a photograph, the photographer.
• In the case of a computer generated work, the person who causes the work to be created.
• In case of any work created or produced in the course of the author’s employment under a contract of service, the employer shall, in the absence of any agreement to the contrary, be the first owner of the copyright there in

The owner of the copyright in any existing work or the prospective owner of copyright in any 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.

• Though, acquisition of copyright is automatic and does not require any formal registration, obtaining a registration of a copyright serves as prima facie proof of ownership of such copyright in cases of disputes relating to ownership of copyright.

• The procedure for registration is as follows:
• The author, publisher, owner of any copyright or any person interested in the copyright in any work may make an application for registration to the Registrar of Copyrights on the prescribed from accompanied by the prescribed fees;
• Individual applications must be made for registration of each work;
• The application must be signed by the applicant himself.

• Copyright protection is afforded for a limited period of time and generally lasts for 60 years. For original literary, dramatic, musical and artistic works the 60-year period is considered from the year following the death of the author. For cinematograph films, sound recordings, photographs, posthumous publications, anonymous and pseudonymous publications, works of government and works of international organizations, the 60-year period is considered from the year following the year in which it was first published.

• The government has set up a Copyright Enforcement Advisory Council (CEAC) to review the progress of enforcement of Copyright Act periodically and to advise the Government regarding measures for improving the enforcement of the Act. The Copyright Act also provides for a quasi-judicial body called the Copyright Board consisting of a Chairman and two or more, but not exceeding fourteen, other members for adjudicating certain kinds of copyright cases.

• Copyright as provided by the Indian Copyright Act is valid only within the boundariesof the country. India, however, is a member of the following international conventions on copyright and neighbouring (related) rights which haveaided in obtaining protection of Indian works in foreign countries:
• Berne Convention for the Protection of Literary and Artistic works.
• Universal Copyright Convention.
• Convention for the Protection of Producers of Phonograms against
• Unauthorized Duplication of their Phonograms.
• Multilateral Convention for the Avoidance of Double Taxation of Copyright Royalties.
• Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement.
• Accordingly, copyrights of works of the countries mentioned in the International Copyright Order, 1999 are protected in India, as if such works are Indian works.

• Judicial remedies
• A copyright owner can take civil action against any person who infringes the copyright in the work. The copyright owner is entitled to remedies by way of injunctions, damages and accounts. No court below that of the District Court has the jurisdiction in civil suits regarding copyright infringement.
• Any person who knowingly infringes or abets the infringement of the copyright in any work also commits a criminal offence under the Copyright Act and is punished for a term which shall not be less than six months but which may extend to three years and with fine which shall not be less than fifty thousand rupees and which may extend to two lakh rupees.
• Copyright infringement is a cognizable offence and any police officer, not below the rank of a sub inspector, may, upon his satisfaction that an offence involving infringement of copyright in any work is being or likely to be committed, seize without warrant, all copies of such work and all plates used for the purpose of making infringing copies of the work, wherever found. All such articles/goods/ which have been seized as soon as possible has to be produced before a magistrate. No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try an offence under the Copyright Act.