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Introduction:-
Copyright law protects expressions of ideas rather than the ideas
themselves. Under section 13 of the Copyright Act 1957, copyright
protection is conferred on literary works, dramatic works, musical
works, artistic works, cinematograph films and sound recording.
For example, books, computer programs are protected under the Act
as literary works.
About
copyright
Copyright refers to a bundle of exclusive rights vested in the
owner of copyright by virtue of Section 14 of the Act. These
rights can be exercised only by the owner of copyright or by any
other person who is duly licensed in this regard by the owner of
copyright. These rights include the right of adaptation, right of
reproduction, right of publication, right to make translations,
communication to public etc.
Conditions for
Protection
Copyright protection is conferred on all
Original
literary, artistic, musical or dramatic, cinematograph and sound
recording works.
Original
means, that the work has not been copied from any other source.
Copyright protection commences the moment a work is created, and
its registration is optional. However it is always advisable to
obtain a registration for a better protection. Copyright
registration does not confer any rights and is merely a prima
facie proof of an entry in respect of the work in the Copyright
Register maintained by the Registrar of Copyrights.
Owner of copyright
As per Section 17 of the Act, the author or creator of the work is
the first owner of copyright. An exception to this rule is that,
the employer becomes the owner of copyright in circumstances where
the employee creates a work in the course of and scope of
employment.
Copyright
Registration
Copyright registration is invaluable to a copyright holder who
wishes to take a civil or criminal action against the infringer.
Registration formalities are simple and the paperwork is least. In
case, the work has been created by a person other than employee,
it would be necessary to file with the application, a copy of the
assignment deed.
Protection in
other countries
One of the supreme advantages of copyright protection is that
protection is available in several countries across the world,
although the work is first published in India by reason of India
being a member of Berne Convention. Protection is given to works
first published in India, in respect of all countries that are
member states to treaties and conventions to which India is a
member. Thus, without formally applying for protection, copyright
protection is available to works first published in India, across
several countries. Also, the government of India has by virtue of
the International Copyright Order, 1999, extended copyright
protection to works first published outside India.
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The
author can be reached at: amirtesh@legalserviceindia.com /
