The copyright is essentially a negative right which prohibits copying of an original work of various types which has been recognized under section 13 of The Copyright Act, 1957. The registration of copyright is not necessary to enforce IP Rights and it naturally vests with the author of the original work. The works which can be protected under the copyright law of India are as under
- Literary Work
- Dramatic Work
- Artistic Work
- Music Work
- Cinematograph Film
- Sound Recording
The term of copyright protection varies on different parameters and is not the same for all classes or types of the trademark which is based on the publication of the original work.
- Published Work of Literature (Literary Work) or music work or artistic work other than photographs are protected for a term of copyright the lifetime of the author of the original work and 60 years after that. In other words, the copyright subsists for a period up to 60 years from the death of the author of the work.
- Work of Literature (Literary Work) or music work or artistic work other than photographs which has not been published, performed or offered for sale or for broadcast during the lifetime of the author, shall have a validity of the copyright on the original work for a period of 60 years after of the death of the author from the end of the year in which the work was first published or performed or offered for sale.
- Cinematograph Film, Photographs and computer programmes have the protection of copyright for a period of 60 Years beginning the end of the year in which the work is published or made available to the public with the specific consent of the author or creator of the work.
- However in the case of unpublished Cinematograph Film, Photographs and computer programmes the copyright in the original work subsites up to 60 Years from the of the year in which the original work was for the first time created.
- The sound recordings have a validity of its copyright for 60 years from the end of the year in which such a sound recording is published for the first time.
Feel free to ask any question on copyright and our IPR Specialist shall be more than happy to answer your queries in reply.