Copyright

How to Obtain Copyright

In order to secure copyright protection what is required is that the author must have bestowed upon the work sufficient judgment, skill and labor or capital. It is immaterial whether the work is wise or foolish, accurate or inaccurate or whether it has or has not any literary merit.

In order to qualify for copyrights the works apart from being original, should satisfy the following conditions (except in he case of foreign works)

1.        The work is first published in India .

2.        Where the work is first published outside India the author, at the date of publication must be a citizen of India . If the publication was made after the authors death the author must have been at the time of his death a citizen of India .

3.        In case of unpublished work the author is at the date of making the work a citizen of India or domiciled in India .

4.        In case of the architectural work of art, the work is located in India .

Registration of Copyright

The steps for Registration:

1.      Application in triplicate with prescribed fees.

2.      Applicant to serve notice of his application to every person who has any interest in the subject matter.

3.      If the Registrar receives any objection he may after holding such inquiry as he deems fit, enter such particulars of work in the register of copyright, which he considers proper.

4.      Registrar then sends copies of the entries made in the register to the parties concerned

Term of Copyright

The term of copyright varies according to the nature of the work and whether the author is a natural person or a legal person e.g. a Corporation, Government Institution, etc., or whether the work is anonymous or pseudonymous.

1.       In the case of literary, dramatic, musical or artistic work (other than a photograph) when published during the lifetime of the author, copyright subsists during the lifetime of the author plus fifty years. This is a universally accepted term.

2.      Where the work is of joint authorship the fifty years period will start after the death of the author who dies last.

3.      In the case of anonymous or pseudonymous works the terms of copyright is until fifty years from the year of publication. If the identity of the author is disclosed before the expiry of the fifty years period the term will extend to fifty years after the death of the author.

4.      In the case of posthumous publications the term will be fifty years from the year of publication.

5.      The period of copyright for a photograph is fifty years from the year of its publication.

6.      For cinematography film and record also the term is fifty years of publication.

7.      Where the first owner of copyright is the government or a public undertaking the term of copyright is fifty years from the year of publication.

8.      Copyright works of International Organization also have a term of fifty years from the year of publication.

Thus it may be seen that in the case of literary, dramatic, musical or artistic works where the author is a natural person the term is lifetime plus fifty years. In all other cases the term if fifty years from the years of publication.