Copyright Law in India
Copyright law in India is governed by the Indian Copyright Act of 1957. This law provides for the protection of original literary, dramatic, musical, and artistic works, as well as cinematographic films and sound recordings.
Under the Indian Copyright Act, copyright is a form of legal protection given to the creators of original works, such as books, music, paintings, and films. The copyright owner has exclusive rights to reproduce, distribute, and display the work, and to authorize others to do so.
The copyright law in India applies to:
- Original literary, dramatic, musical, and artistic works,
- Cinematographic films and sound recordings,
- Computer software,
- Performers’ rights in sound recordings and live performances,
- Broadcasting organizations’ rights in their broadcasts,
- Moral rights of authors.
It's important to note that copyright protection arises automatically when a work is created, and registration is not mandatory, but it is advisable to register a work as it serves as prima facie evidence of the validity of the copyright and the ownership of the work.
The Indian Copyright Act also provides for penalties for copyright infringement, which can include fines and/or imprisonment.
Copyright Registration Process:
The process and procedure for copyright registration in India is as follows:
- Filing of application: The first step is to file a copyright application with the Copyright Office in India. The application must include the following: a) a completed application form; b) a copy of the work for which copyright is being sought; c) the fee for registration.
- Examination of application: Once the application is received, it is examined by the Copyright Office to ensure that it is complete and meets all the necessary requirements. If there are any deficiencies, the applicant will be notified and given an opportunity to rectify them.
- Publication of work: Once the application is accepted, the Copyright Office will publish the work in the Copyright Journal. This is done to give notice to the public that the work is being considered for copyright registration.
- Registration of copyright: After the work has been published, the Copyright Office will register the work and issue a certificate of registration. This certificate serves as evidence of the validity of the copyright and the ownership of the work.
- Renewal of Copyright: Copyright in India is granted for a period of 60 years from the date of the author’s death. It is important to renew the copyright after the expiry of the initial term.
- Copyright enforcement: If someone infringes on your copyright, you can take legal action to enforce your rights. This can include seeking an injunction to prevent further infringement and/or claiming damages for any loss suffered as a result of the infringement.
It's worth noting that the copyright registration process typically takes around 6-8 months to complete and can be done either by the author or the publisher of the work.It's also important to note that copyright in India is granted for a period of 60 years from the date of the author’s death. After the expiry of the initial term, it's important to renew the copyright to continue receiving the benefits of copyright protection.