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Types of Copyright
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The right, also called as The Intellectual Property Rights, to a work of literary, music, cinematography or software code arises at the time of its creation, and it rests with the person who has created it.
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Table of Content
Overview
Important Points
Stepwise Process
DocumentationTypes of Copyright
The copyright is a work of creativity and is an exclusive right in favor or the author of the original work. The rights of copyright are conferred under The Copyright Act, 1957. There are various categories of work which can be registered under the law. The validity of the registration of copyright is 60 years in general from the end of the year in which it is first published. The legal treatment is different for different type of work, the intent of the IPR in copyright is to protect the original work irrespective of its quality or artistic merit. Section 13 of The Copyright Act, 1957 provides that the original works in which copyright subsists we shall deal with various types of copyright which can be registered in India.
Types of Copyright
1
Literary Work: The original creation of literature which may be in any form like work of fiction, biography, technical books or paper, dramatics, script, thesis, research work, tables, compilation and computer programmes including computer databases. It can be claimed irrespective of its quality, style or literary merit.
2
Artistic Work: As per section 2 of the Copyright Act, the copyright in artwork subsists in an original artistic work comprising of paintings, sculptures, graphics, cartoons, etchings, lithographs, photography, drawings, plans, maps, diagrams, charts, buildings, models of buildings, moulds and casts for sculptures.
3
Cinematograph Film: A cinematograph is a work of visual recording along with the sound recording accomplished by any process whether analogous or digital including the video films. It includes visual recording in any medium and by any method of storing it. By definition, every recorded work with moving visuals/images will be considered a cinematograph
4
Dramatic Work: The dramatic work is also a kind of literary work which includes any piece for recitation, or an arrangement of performing a play, work of choreographing or dumb show entertainment, a scenic arrangement or the work of acting based on a fixed writing work. but does not include a cinematograph film.
5
Music Work: A musical work is a distinct copyrightable work in itself and does not include lyrics or any sound. The works of the sound recording are though dependent on music work, but to protect musical work a separate application must be moved with the musical work. The author of sound recording need to take permission from the author of music work
6
Sound Recording: The songs which contain singers voice with or without music, a recorded speech or an audio, or podcast is the examples of sound recording. This includes any work of recording sound regardless of its medium or storage. In case the sound recording also has music then permission from the author of music work must be obtained.
Procedure For Copyright Registration
Step - 1:
Documentation
We shall assist you to prepare Application/Declaration Form and Statement of Particulars to be filed to register the work with the registrar of copyright.
Step - 2:
Application Filing
The application is filed with two copies of the work along with the prescribed government fee which ranges from Rs. 500 to Rs. 5000 depending upon work.
Step - 3:
Copyright Examination
After receipt of the application, copyright department waits for 30 days and then issues examination report accepting it or with the objections.
Step - 4:
Objection Removal
The departmental objections if any need to be removed by a proper reply to it and personal representation. Finally, the copyright gets registered.
Documentation of the Copyright Registration
| A. Documents Required For Copyright Registration | B. Specification Must Contain Following |
|---|---|
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Frequently Asked Questions
What is copyright?
The copyright is a negative right which prohibits unlawful copying of an original work of literature, dramatics, the computer program including computer databases and tables, artistic work, musical work, cinematography and sound recording. Copyright ensures some minimal right in favour of the author of the original work to protect their creativity from copying or counterfeiting the same, thereby safeguarding and rewarding creativity.
Is it necessary to register a work to claim copyright?
No. The copyright comes into existence at the time of its creation in favour of the creator of the work. The registration of the work with the registrar of copyright serves as a prima facie proof about the ownership of the copyright, and the certificate of registration of copyright serves as admissible evidence in the court of law.
Where to file the copyright registration in India?
The copyright application is filed at the office of the Registrar of Copyrights, located at Plot no. 32, Boudhik Sampada Bhawan, Sector 14, Dwarka, New Delhi- 110075.
What is the stepwise procedure to register Copyright in India?
Following is the process to register a Copyright in India.
- Application to be made in Form Number - Form-XIV
- Statement of Particulars and Statement of Further Particulars are also filed as is prescribed in the 1st Schedule of the rules of copyright.
- For each work, a separate application is required to be filed, and there is no provision for submitting joint application or application in the group.
- The filing fee needs to be paid as per the second schedule of the act; Please refer pricing section above to know government fee applicable for your work.
- The application of copyright and all other documents need to be signed by the applicant
- A power of attorney in the name of advocate duly accepted by him is required
Whether a published work can be registered under copyright?
Yes. Both published as well as unpublished work can be registered under copyright, and there is no bar in registering an already disclosed or published the work.
Whether a Computer Programm can be registered under Copyright?
Yes. A computer is considered as a literary work along with computer database and its tables. Hence it can be very well registered under copyright. For registration, the “Source Code” and the “Object Code” need to be supplied for registration of copyright for a computer programme or software.
Can I register my website under the Copyright?
A website consists of web pages or a set of interconnected web pages hosted on a server and available for browsing by the public on www through the internet. One website may have various copyrightable items in it concerning section 13 of The Copyright Act, 1957 and these may be as under
- Text,
- Tables,
- Computer Programme,
- Compilations including Computer Databases,
- Photographs,
- Paintings,
- diagram,
- map,
- chart,
- plain work of art,
- Musical Work & Graphical Notations of such work,
- Sound Recordings,
- Cinematographic Work
As a whole website cannot be filed under one application, however, the applicant needs to identify its original work of various categories and submit a separate application for each such copyright. There are multiple items of a website which can not be protected under copyright, and these are as under
- Website as a whole is not subject to copyright protection.
- Ideas or future plans of websites,
- Functional elements of websites,
- The unclaimable material,
- Layout and format or ‘look and feel’ of a website or its web page;
- Other common, unoriginal material such as names, icons or familiar symbols.
How long it takes to get the copyright registration?
After filing of the application, the department allots a diary number and waits for 30 days, also known as the waiting period, in case no objection is received from the public the examiner of the copyright examines the application. If the examiner comes up with any discrepancy, the same need to be resolved within 45 days. Therefore, it takes approx 2-4 months of time in the normal course in the registration of the copyright
How to register copyright for an APP?
An app is a complete and self-contained full-fledged computer programme designed to perform a specific task or tasks. In general an app has a primary dynamic content which interacts with its users. An app may be on a computer, mobile or any other handheld the handheld wearable devices. The App can be registered as a computer program under literary work category, wherein the applicant needs to provide “Source Code” and the “Object Code” of the App. The protection fo copyright shall be available to cover the screen displays as generated by the program provided the display image is also provided along with the computer programme. Mere snapshot of the display of screens of an app is not registerable under copyright.
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