Copyright is a right given by the law to creators of literary, dramatic, musical and artistic works and producers of cinematograph films and sound recordings. In fact, it is a bundle of rights including, inter alia, rights of reproduction, communication to the public, adaptation and translation of the work.
Original literary,
dramatic, musical and artistic work.
Cinematograph Film.
and Sound recordings.
Copyright protects the rights of authors, i.e., creators of intellectual property in the form of literary, musical, dramatic and artistic works and cinematograph films and sound recordings.
Ordinarily the author is the first owner of copyright in a work. In the case of a literary or dramatic work the author, i.e., the person who creates the work.
For a musical work, the composer.
For a cinematograph film, the producer.
For a sound recording, the producer.
For a photograph, the photographer.
For a computer-generated work, the person who causes the work to be created
There are many right holders in a musical sound recording. For example, the lyricist who wrote the lyrics, the composer who set the music, the singer who sang the song, the musician (s) who performed the background music, and the person or company who produced the sound recording.
A sound recording generally comprises various rights. It is necessary to obtain the licences from each and every right owner in the sound recording. This would, inter alia, include the producer of the sound recording, the lyricist who wrote the lyrics, and the musician who composed the music.
In the case of a work made in the course of the author’s employment under a contract of service or apprenticeship, the employer shall, in the absence of any agreement to the contrary, be the first owner of the copyright therein.
In the case of a literary work (except computer programme), copyright means the exclusive right
To reproduce the work
To issue copies of the work to the public
To perform the work in public
To communicate the work to the public.
To make cinematograph film or sound recording in respect of the work
To make any translation of the work
To make any adaptation of the work.
In the case of a dramatic work, copyright means the exclusive right
To reproduce the work
To communicate the work to the public or perform the work in public
To issue copies of the work to the public
To include the work in any cinematograph film
To make any adaptation of the work
To make translation of the work.
In the case of an artistic work, copyright means the exclusive right
To reproduce the work
To communicate the work to the public
To issue copies of the work to the public
To include the work in any cinematograph film
To make any adaptation of the work.
In the case of a musical work, copyright means the exclusive right
To reproduce the work
To issue copies of the work to the public
To perform the work in public
To communicate the work to the public
To make cinematograph film or sound recording in respect of the work
To make any translation of the work
To make any adaptation of the work.
In the case of a cinematograph film, copyright means the exclusive right
To make a copy of the film including a photograph of any image forming part thereof
To sell or give on hire or offer for sale or hire a copy of the film
To communicate the cinematograph film to the public.
To make any other sound recording embodying it
To sell or give on hire, or offer for sale or hire, any copy of the sound recording
To communicate the sound recording to the public.
Acquisition of copyright is automatic and it does not require any formality. However, certificate of registration of copyright and the entries made therein serve as prima facie evidence in a court of law with reference to dispute relating to ownership of copyright.
Copyright comes into existence as soon as a work is created and no formality is required to be completed for acquiring copyright. However, facilities exist for having the work registered in the Register of Copyrights maintained in the Copyright Office of the Department of Education. The entries made in the Register of Copyrights serve as prima-facie evidence in the court of law. The Copyright Office has been set up to provide registration facilities to all types of works and is headed by a Registrar of Copyrights and is located at B.2/W.3, C.R. Barracks, Kasturba Gandhi Marg, New Delhi- 110 003, Tel: 338 4387
Chapter VI of the Copyright Rules, 1956, as amended, sets out the procedure for the registration of a work. Copies of the Act and Rules can be obtained from the Manager of Publications, Publication Branch, Civil Lines, Delhi or his authorised dealers on payment. The procedure for registration is as follows:
(Including Statement of Particulars and Statement of Further Particulars) as prescribed in the first schedule to the Rules;
Separate applications should be made for registration of each work;
Each application should be accompanied by the requisite fee prescribed in the second schedule to the Rules; and
The applications should be signed by the applicant or the advocate in whose favour a Vakalatnama or Power of Attorney has been executed. The Power of Attorney signed by the party and accepted by the advocate should also be enclosed.
Each and every column of the Statement of Particulars and Statement of Further Particulars should be replied specifically.
Both published and unpublished works can be registered. Copyright in works published before 21st January, 1958, i.e., before the Copyright Act, 1957 came in force, can also be registered, provided the works still enjoy copyright. Three copies of published work may be sent along with the application. If the work to be registered is unpublished, a copy of the manuscript has to be sent along with the application for affixing the stamp of the Copyright Office in proof of the work having been registered. In case two copies of the manuscript are sent, one copy of the same duly stamped will be returned, while the other will be retained, as far as possible, in the Copyright Office for record and will be kept confidential. It would also be open to the applicant to send only extracts from the unpublished work instead of the whole manuscript and ask for the return of the extracts after being stamped with the seal of the Copyright Office.
When a work has been registered as unpublished and subsequently it is published, the applicant may apply for changes in particulars entered in the Register of Copyright in Form V with prescribed fee.
Application for registration of copyright along with statement of particulars and instructions for filling up the statement of particulars are at Appendix – I.
The general rule is that copyright lasts for 60 years. In the case of original literary, dramatic, musical and artistic works the 60-year period is counted from the year following the death of the author. In the case of cinematograph films, sound recordings, photographs, posthumous publications, anonymous and pseudonymous publications, works of government and works of international organisations, the 60-year period is counted from the date of publication.
We do require the following for making of the Copyright application –1. Name of the applicant –
2. Address of the applicant –
3. Nationality of the applicant –
4. The applicant is owner of work – how? He is Assignee OR Author or Developer ?
5. Class and description of the work – Literary / Artistic / Website/ Musical or others.
6. Title of the work –
7. Language of the work –
8. Author/Developer of the work – (the person who wrote / made / develop the work)
9. Any Assignment is made between the Author/developer and the Applicant –
10. Except the author who other persons contributed in the writing of the literature/web-
11. Nationality of other persons with names, father names and addresses,
12. The work is published or Unpublished?
13. If published, then the year and place of its Ist publication with details of the publisher–
14. Year and countries of subsequent publications with details –
15. Any authorization to assignment is made, if yes, provide details –
16. Licensing for use the work, if any, provide details of the license holders with terms –
17. The work is original or is the translation of any existing materials –
18. The work is an original one or is adaptation –
19. The work is the original one or is copies from public domain –
20. If the author is dead, then provide their Legal heirs with address and % of dependency,
21. If, authorization is made for translation, then person who is authorizing with details-
22. Address for communication,
23. If the applicant is a company, provide the name of any of its Director with personal address and the name of the father also.
Above information are required for making of Copyright application. There may require more details which will be collected, if and when required.
With above details, we shall make forms, documents for filling of application.
Application on Form under Rule 16
Statement of Particulars
Statement of Further Particulars
Authority Latter
Assignment documents, (if required),
No Objection Certificate (if required).
Appendix-I
Form IV – Application for Registration of Copyright
To
The Registrar of Copyrights
Copyright Office
New Delhi- 110 001.
Sir,
In accordance with Section 45 of the Copyright Act, 1957 (14 of 1957), I hereby apply for registration of Copyright and request you that entries may be made in the Register of Copyrights in the enclosed Statement of Particulars sent herewith in triplicate.
I also send herewith completed the Statement of Further Particulars relating to the work.
(For Literary, Dramatic, Musical and Artistic works only)
In accordance with Rule 16 of the Copyright Rules, 1958, I have sent by prepaid registered post copies of this letter and of the enclosed Statement(s) to other parties concerned, as shown below:
Name and addresses of the parties Date of dispatch
The prescribed fee has been paid, as per details below:-
Communications on this subject may be addressed to: –
I hereby declare that to the best of my knowledge and belief, no person, other than to whom a notice has been sent to as per paragraph 2 above has any claim or interest or dispute to my copyright of this work or to its use by me.
I hereby verify that the particulars given in this Form and in the Statement of Particulars and Statement of Further Particulars are true to the best of my knowledge, belief and information and nothing has been concealed therefrom.
Yours faithfully,
Signature by the applicant
List of enclosures:
Place:
Date:
1. Registration No. (to be filled in by the Copyright Office)
2. Name, address & nationality of the Applicant
3. Nature of the Applicant’s interest in the Copyright of the work
4. Class and description of the work
5. Title of the work
6. Language of the work
7. Name, address & Nationality of the Author and if the author is deceased, the date of decease
8. Whether the work is published or unpublished
9. Year and Country of first publication (Name, address and nationality of the publisher)
10. Years and countries of subsequent publications if any, and name, addresses and nationalities of the publishers
11. Names, address and nationalities of the owners of various rights comprising the copyright in the workand the extent of rights held by each, together with the particulars of assignments and licence, if any
12. Names, addresses and nationalities of other persons if any, authorised to assign or licence the rights comprising the copyrights
13. If the work is ‘Artistic’ the location of the original work, including name and address and nationality of the person in possession of the work, (in case of an architectural work, the year of completion of the work should also be shown).
13A. If the work is an Artistic work which is used or is capable of being used in relation to any goods, the application should include a certification from the Registrar of Trade Marks in terms of the proviso to Sub-Section (i) of Section 45 of the Copyright Act, 1957.
14. Remarks, if any
Signature of the Applicant
Place:
Date:
1. Is the work to be registered an original work?
a translation of a work in the public domain?
A translation of a work in which Copyright subsists?
an adaptation of a work in the public domain?
an adaptation of a work in which Copyright subsists?
2. If work is a translation or adaptation of a work in which Copyright subsists:
Title of the original work
Language of the original work
Name, address and nationality of the author of the original
work and if the author is deceased, the date of decease
Name, address and nationality of the publisher, if any,
of the original work
Particulars of the authorization for a translation or adaptation
including the name, address and nationality of the party authorizing:
3. Remarks, if any
Signature
Place:
Date: