The Copyright Act 1957
In world there are billions of brilliant minds that are creating extraordinary things and coming up with new ideas every day. In the same there exist billions of people who copy or intend to copy these novel ideas. At some of the point of time in our lives, we all have experienced the copying of complete songs, literary work, tunes, script etc. So what can be done to prevent this unethical practice and protect your creation? The only way to reserve the rights on your creation is obtaining copyright.
What is copyright? What are rules are the copyright? How to obtain copyright? These are just some of the common concerns that may arise in your mind after reading the word copyright. To find the answer to the various questions about copyright you must take a look at and understand the Copyright Act 1957. This act comprises of the comprehensive information about the copyrights right from its meaning to the penalties for its infringement. Here in this blog we will be taking a look brief glance at some important facets of the copyright laws in India.
What is copyright?
Copyright is one of the intellectual property rights that provide exclusive rights to the creator of unique work. In order to obtain copyright protection the work should be original and should be capable of fixing in the tangible form. In copyright the fact whether the work is published or unpublished is immaterial. Some of the work categories that can be by copyright laws include paintings, literary works, live performances, photographs, movies, and software.
How can you get the copyright?
It is not mandatory to obtain copyright however in order to enjoy exclusive right over your creation it is highly recommended for you to obtain the registration for your work. For obtaining copyright registration in India the owner is required to make an application with the department along with the copies of his work. Copyright can be sought for any original work that can be fixed in a tangible manner.
What are the Rights that comes along with Copyright?
The basic aim of the copyright is to protect and promote the time, effort, and creativity of the work’s creator. By registering their work as copyright the owners get to enjoy the exclusive rights as mentioned below-
- Reproduce the work
- Prepare “derivative works” (other works based on the original work)
- Distribute copies of the work by sale, lease, or other transfer of ownership
- Perform the work publicly
- Display the work publicly
Apart from the above rights the owner also gets the right to authorize other people to do any of the rights mentioned above. The owner of the copyright can delegate his exclusive rights to any other person completely or by creating a subdivision of those rights. In order to transfer the rights, the owner is required to enter into a contract with the third party.
One important thing to be noted here is that in case the author of any work or an artist creates a work for a company during his course of employment, the creator is usually not the copyright owner. The ownership rights of such work reside with the employer or person who commissioned the work.
For how long does the copyright last?
After the registration of copyright, its validity depends upon the number of factors including whether the work was published or unpublished, the year of publishing and the type of author. Here are some of the instances of copyright duration-
- In case copyright is obtained by the business for the published work then the copyright will expire after 95 years from the date of publication or 120 years from the date of creation, whichever comes first.
- In case the copyright is obtained in respect of literary, dramatic, musical or artistic work then it remains valid for the lifetime of the author + 60 years after the death of the author. Further, in case the copyright is owned jointly by two authors then, the period of 60 yrs would be calculated from the death of the last of the last surviving author.
- In case of Cinematographic films, photographs, computer programs the copyright remains valid for the time period of 60 years from the end of the year in which the work is presented to the public with the consent of the copyright owner.
These are just some of the facets of the copyright act, while this act contain the huge amount of information on the copyright laws so if you want to know more about copyright don’t forget to stay tuned.