Copyright arises automatically upon creation of a work that falls within the scope of the Copyright Act, and is independent of registration or any formal notification of the existence of copyright. However, registering a copyright provides evidence that copyright subsists in the work and that the person named in the registration is the owner of the copyright. Registration also constitutes sufficient notice of the existence of copyright to support entitlement to a claim to damages for copyright infringement.
To obtain a copyright registration, it is necessary to provide the names and addresses of individuals who are to be named as the authors of the work. If the owner of the copyright is different from the author, it is also necessary to establish who is the owner and provide an address for the owner. Normally, the author of a work is the first owner of the copyright, except where the author was in the employment of another under a contract of service and the work was made in the course of such employment. In these cases the employer is the first owner. In case of films, the copyright vests with the film producer. Similarly in cases of musical works recorded on phonograph record, the copyright vests with the manufacturer of the original master record from which other records are made. It is also necessary to establish the title of the work and the nature of the work itself (e.g. literary, musical, artistic, dramatic, cinematograph films or sound recordings). If the work has been published through the issue of copies made available to the public, it is necessary to establish the date and place of the first publication. Using this information, we can prepare and file a copyright application on your behalf. [Sec 44, 45, 48]
Whether or not a copyright registration is sought or obtained, you are still entitled to mark the work in which you claim copyright. While marking of the work is voluntary, the Universal Copyright Convention (to which India is a signatory) provides for marking which serves as notice that there is a copyright in the work. The preferred form of marking is a “C” in a circle followed by the name of the owner and the year of first publication.
The duration of Copyright in unpublished work is perpetual. Copyright protection in published works is for the life of the author and continues for sixty years from the beginning of the calendar year next following the year in which the author dies. In case of joint authors, the term is 60 years after the death of the author who dies last. For other categories of work such as records, photographs, the period of protection is 60 years from the date of first publication of the work. In case of cinematograph films 60 years are computed from the date of the first public exhibition.
International Conventions
India is signatory to two international copyright conventions viz. Berne Convention and the Universal Copyright Convention. By virtue of the provisions contained in these two multilateral conventions, the works of Indian nationals are entitled to copyright protection in all the countries which are signatory to these two conventions.
Foreign authors from the member countries are entitled to similar Copyright Protection in India which is accorded to the works of Indian authors under the domestic law. India is also signatory to some other conventions such as the "Convention for Protection of Producers of Phonogram against Unauthorized Duplication" of their PHONOGRAMS and convention relating to the distribution of program carrying signals transmitted by satellites, and also the "Rome Convention for Protection of Performers, Producers, Phonogram and Broadcasting Organization." These conventions are administered by WIPO and UNESCO, who are specialised agencies of the United Nations
Publication
The Copyright Act, 1957 defines “publication” as making a work available to the public by issue of copies or by communicating the work to the public. [Section 3]
Computer Software
Computer programs are entitled to protection under the present copyright laws. Computer software comprises program manuals, punched cards, magnetic tapes, discs, papers etc., which are needed for the operation of computers. Manuals, papers and computer printouts can be classified as literary work but the concept of algorithms, normally used in programming, are not capable of a copyright protection, Software containing certain special information in a particular notation, mainly punched cards, may come within the ambit of literary work. Regarding magnetic tapes and discs, if electronic impulses are recorded on them, it is considered as literary work. Programs which are designed for operating computers, are generally speaking accepted to be within the ambit of artistic and literary work. Unfortunately as there has been no judicial pronunciation to this effect, the above remains open to interpretation.
Assignment and Licensing
Copyright may be assigned or licensed in whole or in part, either generally or subject to territorial limitations. The assignment or license can be for either the whole term of the copyright or any part thereof, but in order to be valid, the assignment of copyright must be in writing. In cases where the party who is to own the copyright is neither the author nor the employer of the author, it is essential that a written assignment of copyright be obtained. The owner of the copyright can also grant licence for use of his work on agreed terms and conditions.
The Copyright Act also provides for issuing of compulsory licences in respect of works withheld from the public. Compulsory licence is also granted for reproduction or translation of original works of foreign origin. Such foreign works and their translation can then be published in India.
The Indian Copyright Act also provides for Moral Rights, which entitle the author to the right to the integrity of the work and, where reasonable, to be associated with the work or to remain anonymous. These rights enable the author to take action against infringers to preserve the honour or reputation of the author if the work is distorted, mutilated, or otherwise modified or is used for promotion of a product, service, cause or institution. Moral Rights cannot be assigned, but may be waived in whole or in part.
Infringement
The Copyright Act defines infringement of copyright as [Section 51] as
“Copyright in a work shall be deemed to be infringed” -
When any person, without a licence granted by the owner of the copyright or the Register of Copyrights under this Act or in contravention of the conditions of a licence so granted or of any condition imposed by a competent authority under this Act -
Does anything, the exclusive right to do which is by this Act conferred upon the owner of the copyright, or
(ii) 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, unless he was not aware and had no reasonable ground for believing that such communication to the public would be an infringement of copyright; or
When any person -
Makes for sale or hire, or sells or lets for hire, or by way of trade displays or offers for sale or hire, or
Distributes either for the purpose of trade or to such an extent as to affect prejudicially the owner of the copyright, or
By way of trade-exhibits in public, or
Imports Into India, any infringing copies of the work."
Publication
Provided that nothing in sub-clause (iv) shall apply to the import of one copy of any work for the private and domestic use of the importer.
Copies of the work, which if produced in India would infringe the copyright of the owner, are banned from being imported in India. Mere import of such material would result in the infringement of the copyright law in India. For this purpose an application has to be made to the Registrar of Copyrights, who after making such enquiry as deemed necessary, may pass an appropriate order. This provision safeguards the rights of the copyright owner against import of copies manufactured in other countries which infringe copyright laws in India.
Unauthorised hire and sale of copies of video films, cassette recordings for public performances and books is regarded as violation of Copyright Laws in India. Against such violations definite measures have been provided under the Indian Copyright Act as amended in 1984 and 1994. The statute provides for remedies under the the Civil law as well as the Criminal law.
Remedies
Civil suits provide remedy for claiming compensation for loss of profits. The owner of the copyright can bring civil action in which reliefs such as injunction, accounts and damages can be sought.
Criminal proceedings are available in order to punish the persons who have violated the copyright laws. The infringement of copyright is a cognizable offence and is punishable with imprisonment for a period extending from six months to three years accompanied with or without a fine ranging from Rs. 50,000/- to Rs. 2,00,000/- (approximately US $ 2000 to $ 8000). The Act provides also for seizure of infringing copies and confiscation of all duplicating equipment used for manufacturing counterfeit copies.
