Copyright grants exclusive rights to creators of original works, including literary, artistic, and digital content, to control reproduction and distribution.
Patents grants exclusive rights to inventors, encouraging innovation and economic development.
Copyrights is an intellectual property right that provides its owner an exclusive right to reproduce, issue copies, disseminate, sell or rent commercially, or perform creative work, as the case may be, for a limited period of time. Although, a copyright arises automatically upon the creation of a creative work, and is independent of any registration requirements, however, registration of a copyright provides an evidentiary value for the subsistence of rights in the name of the owner. Further, registration of copyright acts as a notice of rights to third parties, and also aids in the enforcement of rights and entitles the owner to claim damages in times of infringement of the copyright.
A copyright grants the right to perform certain acts with regard to creative works and prevents third parties from doing the same. These works include (i) original literary, dramatic, musical, and artistic works, (ii) cinematographic films, (iii) sound recordings, and (iv) computer programs. The purpose of copyright protection is to encourage creators to produce new works while allowing them to benefit from the fruits of their labor.
The term of copyrights 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. In case a work is published anonymously or pseudonymously, the copyright subsists for 60 years following its publication, with certain exceptions. For other categories of work such as sound recordings and cinematograph films, the period of protection is 60 years from the date of first publication of the work.
Gunjan was admitted to the Bar in 1999. She briefly worked at a couple of law firms prior to founding the firm ZeusIP Advocates in 2004….
Naveen is a practicing Patent Attorney in India. He is qualified Mechanical Engineer and an advocate enrolled with the Bar Council of Delhi….
Naqeeb started his legal career in 2003 practicing in the Delhi High Court and Jammu & Kashmir High Court with leading litigating lawyers…
As per Section 14 of the Copyright Act, the Copyright means an exclusive right given to the creators or owners of literary, dramatic, musical and artistic works and producers of cinematograph films and sound recordings to do or authorize the reproduction, communication to the public, adaptation and translation of the work for which the copyright has been vested in them.
As per Section 13 of the Copyright Act, 1957, all original literary, dramatic, musical and artistic works, cinematograph films, sound recordings and software can be registered under the Act. A copyright is provided to an original work that is capable of being reproduced or communicated in a tangible medium of expression.
Titles, names, short word combinations, slogans, short phrases, methods, plots or factual information may or may not be granted copyright protection. Such categories of work are not ordinarily protected unless the work can be considered to be an original expression of the author.
Copyright infringement is the violation of the exclusive right to use a work or any other right conferred under the Copyright Act, 1957. The key acts that constitute infringement of copyright include:
Reproduction: Copying or reproducing the copyrighted work in any form, including print, digital, or audio/visual formats, without the consent of the copyright holder.
Distribution: Selling, offering for sale, or distributing copies of the copyrighted work without authorization.
Public Performance or Communication: Publicly performing or communicating the copyrighted work to the public (e.g., playing a song in a public venue, broadcasting a film) without the copyright holder's permission.
Adaptation or Derivative Works: Creating derivative works based on the original copyrighted work (e.g., translating, adapting, or modifying the work) without the copyright owner's consent.
Importation: Importing copies of the copyrighted work for sale or distribution in India, if the copies are made without the permission of the copyright holder.
Reproduction of Works in Certain Places: Reproducing or displaying copyrighted works in certain locations without following the conditions specified under the Act.
In case of an infringement of a copyright, there are two remedies available to the owner of the copyright:
CIVIL REMEDY: the owner of the copyright is entitled to various civil remedies including injunction, damages and accounts.
CRIMINAL REMEDY: The Act further empowers the courts to punish the offender and lays down the offences, and punishments in case of infringement of copyright.
The procedure for registration of a work under the Copyright Act, 1957 is as under:
Upon filing the application for registration along with the copies of the work and the requisite fee, an application number (diary number) with the date of filing is issued by the Copyright Office.
The Applicant is required to give notice of his application to every person who has an interest in the subject matter
The application is then examined and if any objections are raised, the response to the same has to be filed within 30 days.
If the Registrar is satisfied with the submissions made in the response and no further objections are raised, the Registration Certificate is issued by the Copyright Office.
The authors of work protected by copyright have the exclusive right to use the work and authorize or prohibit its use by any third party. In particular, such rights include:
Right to reproduce the work
Right to make an adaptation of the work
Right to make a translation of the work
Right to perform the work in public
Right to communicate the work to the public
Right to make any cinematograph film or sound recording in respect of the work
Right to assign or license the copyright to third party.
The abovementioned rights relate to the economic rights of the copyright owner.
Apart from the above rights, Section 57 of the Copyrights Act provides the following rights:
Right of Paternity: i.e. to claim ownership of the work and to prevent others from claiming ownership
Right of integrity: i.e. author's right to prevent distortion and mutilation of the work. After the latest amendment, the scope of the said section has become wider.
In addition to the above, Section 21 further gives the right to the author to relinquish the copyright.
As per Section 14 of the Copyright Act, the Copyright means an exclusive right given to the creators or owners of literary, dramatic, musical and artistic works and producers of cinematograph films and sound recordings to do or authorize the reproduction, communication to the public, adaptation and translation of the work for which the copyright has been vested in them.
As per Section 13 of the Copyright Act, 1957, all original literary, dramatic, musical and artistic works, cinematograph films, sound recordings and software can be registered under the Act. A copyright is provided to an original work which is capable of being reproduced or communicated in a tangible medium of expression.
Titles, names, short word combinations, slogans, short phrases, methods, plots or factual information may or may not be granted copyright protection. Such categories of work are not ordinarily protected unless the work can be considered to be an original expression of the author.
Copyright is a right given by the law to creators of literary, dramatic, musical and artistic works and producers of cinematograph films and sound recordings
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Patent grants exclusive invention rights to its legal owner.
Patent grants exclusive invention rights to its legal owner.
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Copyright grants exclusive rights to reproduce, distribute, and perform creative works for a limited time.
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