The copyright is essentially a negative right that prohibits the 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
Validity of Copyright registration in India
The validity 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 of 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 have 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 programs 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- However, in the case of unpublished Cinematograph films, Photographs, and computer programs the copyright in the original work subsites up to 60 Years from the year in which the original work was for the first time created.
- The sound recordings have the validity of their 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 will be more than happy to answer your queries in reply.
Conclusion
In conclusion, copyright protection in India is a valuable tool for safeguarding original works across various categories. While registration is not mandatory, it is advisable to consider it for additional legal benefits. The duration of copyright varies depending on the type of work, ranging from the lifetime of the author plus 60 years to 60 years from the year of publication. By understanding the validity and scope of copyright protection, creators can confidently assert their rights and protect their intellectual property. Whether it’s literature, music, art, films, or computer programs, copyright plays a crucial role in fostering creativity and ensuring the rights of creators are respected.
FAQs
Q1: What is the duration of copyright protection in India?
Copyright protection in India typically lasts for the lifetime of the author plus 60 years from the year following the author’s death. However, for anonymous works, pseudonymous works, and works of joint authorship, the duration is 60 years from the year of publication.
Q2: Can I use a copyright symbol (©) to protect my work in India?
Yes, you can use the © symbol on your copyright, whether you have registered it or not. Using the copyright symbol (©) on your work can help indicate your claim of copyright ownership and provide a level of deterrence against potential infringement. However, registration with the Copyright Office is not mandatory for copyright protection in India.
Q3: How do I prove the validity of my copyright in case of infringement?
In case of copyright infringement, it is advisable to maintain evidence that establishes your ownership and the date of creation of the copyrighted work. This can include dated copies, drafts, registration certificates (if applicable), and any relevant correspondence or documentation related to the creation and publication of your work.
Q4: Can I extend the duration of copyright protection for my work in India?
In general, the duration of copyright protection in India is fixed and cannot be extended beyond the prescribed term. However, it is important to regularly assess the status of your copyrighted works and take necessary steps to enforce your rights and prevent any unauthorized use.
Q5: What happens if my copyright protection expires? Can someone else claim ownership of my work?
Once copyright protection expires, the work generally enters the public domain and can be used by anyone without seeking permission or paying royalties. However, it is important to note that derivative works or adaptations created during the period of copyright protection may still be protected by copyright, provided they meet the required criteria for originality.
This link provides valuable insights into the validity period of copyright registration in India. Very informative!