COPYRIGHT REGISTRATION IN INDIA

WHAT IS MEANING OF COPYRIGHT?

Copyright according to Section 14 of Copyright Act, 1957 is basically a exclusive right as to do or authorize the doing of any acts as specified follows;

(a) in the case of a literary, dramatic or musical work, not being a computer programme,—

(i) to reproduce the work in any material form including the storing of it in any medium by   electronic means;

(ii) to issue copies of the work to the public not being copies already in circulation;

(iii) to perform the work in public, or communicate it to the public;

(iv) to make any cinematograph film or sound recording in respect of the work;

(v) to make any translation of the work;

(vi) to make any adaptation of the work;

(vii) to do, in relation to a translation or an adaptation of the work, any of the acts specified in relation to the work in sub-clauses (i) to (vi);

(b) in the case of a computer programme,—

(i) to do any of the acts specified in clause (a);

(ii) to sell or give on commercial rental or offer for sale or for commercial rental any copy of the computer programme:

Provided that such commercial rental does not apply in respect of computer programmes where the programme itself is not the essential object of the rental.]

(c) in the case of an artistic work,—

(i) to reproduce the work in any material form including depiction in three dimensions of a two dimensional work or in two dimensions of a three dimensional work;

(ii) to communicate the work to the public;

(iii) to issue copies of the work to the public not being copies already in circulation;

(iv) to include the work in any cinematograph film;

(v) to make any adaptation of the work;

(vi) to do in relation to an adaptation of the work any of the acts specified in relation to the work in sub-clauses (i) to (iv);

(d) in the case of a cinematograph film,—

(i) to make a copy of the film including a photograph of any image forming part thereof;

(ii) to sell or give on hire or offer for sale or hire, any copy of the film, regardless of whether such copy has been sold or given on hire on earlier occasions;

(iii) to communicate the film to the public;

(e) in the case of a sound recording,—

(i) to make any other sound recording embodying it;

(ii) to sell or give on hire, or offer for sale or hire, any copy of the sound recording, regardless of whether such copy has been sold or given on hire on earlier occasions;

(iii) to communicate the sound recording to the public.

Thus from lay man's view, a copyright essentially refers to either utilize the work for the benefit of the author himself either by way of re-producing, copying, dubbing in sound form, converting it in video form or installing or issuing to public or adoption of the same in any other audio or video or any other form. 

Copyright is very important category of Intellectual property and hence protection of the same is very important in order to secure the right of the author i.e. the person who creates the work. Copyright can subsist on any kind of intellectual work i.e. book, musical work, choreography, artistic work, painting, artbook, song, story, Computer programs, software etc. thus Copyright is nothing but bundle of rights. 

IS COPYRIGHT REGISTRATION MANDATORY? 

Copyright registration is absolutely not necessary. A author get the Copyright over a subject material as soon as the work comes into existence. There is no need of formality of copyright in order to create your claim w.r.t. that work. 

IF NO, THEN WHY REGISTRATION ?

When we register the work and get Certificate of Registration for the work under copyright, it is a conclusive proof of Copyright in the name of author and plays a very vital role in court if needed. Otherwise the author will have to fight hard just to prove, that the work belongs to him. Certificate of registration and entries made by the registrar in their record is a very strong and prima facie evidence in the hands of author to prove his title, whenever the dispute arises about the ownership. 

Thus, even though though the Copyright registration is not mandatory, we must recommend registration of the same for the sake of protection of the author or developer of the work. 

WHO IS OWNER OF THE COPYRIGHT?

According to section 17, a author of the work is the first owner of the work, however the rule has got some exceptions. Accordingly, work done on behalf of employer, as intern or apprentice of newspaper, for government or for or on behalf of any third person etc. In all such events the author is not the owner of the work. 

If you are working on behalf of a Employer, then you are not owner of the work, but your employer is the owner of the work. 

Similarly, if any work is developed by you on behalf of government, then government is the owner of that work. 

WHAT IS DURATION OF COPYRIGHT?

The protection under Copyright Act differs from type of work and author, accordingly following is the term of different copyrights;

1. In Case of literary, Dramatic, Musical or artistic work - Sixty years from the beginning of the calender year next following the year in which author dies.  
2. In case of anonymous or pseudonymous work - Sixty years from the beginning of the calender year next following the year in which work is first published 
3. In case of posthumous work - Sixty years from the beginning of the calender year next following the year in which work is first published or in case if any adaption of such work is published earlier, then beginning of following calender year followed by year of publication.
4. In case of photograph - Sixty years from the beginning of the calender year next following the year in which photograph is first published
5. In case of cinematographic films - Sixty years from the beginning of the calender year next following the year in which film is first published 
6. In case of sound recording - Sixty years from the beginning of the calender year next following the year in which sound recording is first published    
7. Inc case of government work - Sixty years from the beginning of the calender year next following the year in which work is first published    
8. Term of Copyright for International Organisations - Sixty years from the beginning of the calender year next following the year in which work is first published. 

Thus duration differs from type of author and work. Accordingly protection is secured for author. There is no renewal of Copyright. 

WHAT IS PROCEDURE FOR REGISTRATION?

This work flow is a master pies available of government portal which elaborates in detail the process for registration of a Copyright. This is precisely the procedure followed for registration of Copyright in India. 

Even though according to the the time schedule above, the process should complete by 2-3 months, in reality it take little more than a year or sometime 2 years. 

Philosophy and need behind Copyright

Society when developing, many people with amazing intellect are contributing for it's growth. These people in turn needs to be protected and cherished, because unless they are not protected, they will be afraid to come up and show their knowledge or findings or ideas. 

Everyone should be rewarded for his intellect. And at the same time everyone else should be prohibited from misusing or infringing the right of the Copyright owner, as unless this minimum protection is ensured, there will be no incentive for the authors to toil hard and produce wonderful and valuable works. 

Hence Copyright act is there. Its main objective is to protect the work and prevent the infringement against bonafide authors.   

NOTE: Image of work flow is from website for copyright of government of India.