Copyright is an exclusive right given by the Copyright Act, 1957 to creators of literary, dramatic, musical and artistic works and producers of cinematograph films and sound recordings. The law is not concerned with the originality of ideas but with the manner of expression of thoughts. To get the protection of copyright, a work must be original.

• In the broadest term copyright Law creates a system of property rights for certain kinds of Intangible Products generally called "works of authorship"

• It protects the "Original works of authorship"

• It protects the expression of an idea and not the idea itself

• Human Mental Conceptions

• Notions

• Raw Forms of Thought

• Abstract, Vague with No Concrete Embodiment

• What one thinks, knows or imagines

• In the broadest term copyright Law creates a system of property rights for certain kinds of Intangible Products generally called "works of authorship"

• It protects the "Original works of authorship"

• It protects the expression of an idea and not the idea itself

• An act, process or instance of representing in a medium

• Concrete embodiment of an idea

• Externally Recognizable Manifestation of the Thought in a Tangible form

• Idea –Expression concept

• Originality Concept

• Fixation concept

• Fair use concept

• Literary Cinematography film

• Dramatic Sound recording

• Artistic Works of Artistic craftsmanship

• Musical Work of Sculpture

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 person who creates the work.

• In the case of a musical work, the composer.

• In the case of a cinematograph film, the producer.

• In the case of a sound recording, the producer.

• In the case of a photograph, the photographer.

• In the case of a computer generated work, the person who causes the work to be created.

"Work of joint authorship" means a work produced by the collaboration of two or more authors in which the contribution of one author is not distinct from the contribution of the other author or authors.

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.

It is necessary to obtain the licences from each and every right owner in the sound recording.

In the case of a government work, government shall, in the absence of any agreement to the contrary, be the first owner of the copyright therein.

In the case of a work made or first published by or under the direction or control of any public undertaking, such public undertaking shall, in the absence of any agreement to the contrary, be the first owner of the copyright therein.

Works by journalists during the course of their employment

In the case of a literary, dramatic or artistic work made by the author in the course of his employment by the proprietor of a newspaper, magazine or similar periodical under a contract of service or apprenticeship, for the purpose of publication in a newspaper, magazine or similar periodical, the said proprietor shall, in the absence of any agreement to the contrary, be the first owner of the copyright in the work in so far as the copyright relates to the publication of the work in any newspaper, magazine or similar periodical, or to the reproduction of the work for the purpose of its being so published, but in all other respects the author shall be the first owner of the copyright in the work.

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.

Work produced for valuable consideration at the instance of another person

In the case of a photograph taken, or a painting or portrait drawn, or an engraving or a cinematograph film made, for valuable consideration at the instance of any person, such person shall, in the absence of any agreement to the contrary, be the first owner of the copyright therein.

The owner of the copyright in an existing work or the prospective owner of the copyright in a future work may assign in writing mentioning specific works and specific rights and the duration of assignment to any person the copyright either wholly or partially and either generally or subject to limitations and either for the whole term of the copyright or any part thereof.

If the territorial extent of assignment of the rights is not specified, it shall be presumed to extend within the whole of India.

Where the assignee does not exercise the rights assigned to him within a period of one year from the date of assignment, the assignment in respect of such rights shall be deemed to have lapsed after the expiry of the said period unless otherwise specified in the assignment.

If the period of assignment is not stated, it shall be deemed to be five years from the date of assignment.

The right of reproduction commonly means that no person shall make one or more copies of a work or of a substantial part of it in any material form including sound and film recording without the permission of the copyright owner.

Adaptation involves the preparation of a new work in the same or different form based upon an already existing work.

The Copyright Act defines the following acts as adaptations:

(a) Conversion of a dramatic work into a non dramatic work

(b) Conversion of a literary or artistic work into a dramatic work

(c) Re-arrangement of a literary or dramatic work

(d) Depiction in a comic form or through pictures of a literary or dramatic work

(e) Transcription of a musical work or any act involving re-arrangement or alteration of an existing work.

A person cannot translate a work enjoying copyright without the permission of the copyright owner.

There is no copyright over news. However, there is copyright over the way in which a news item is reported.

Acquisition of copyright is automatic and it does not require any formality.

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 guidelines regarding registration of a work under the Copyright Act

Chapter VI of the Copyright Rules, 1956, as amended, sets out the procedure for the registration of a work.

The procedure for registration is as follows:

(a) Application for registration is to be made on Form IV (Including Statement of Particulars and Statement of Further Particulars) as prescribed in the First Schedule to the Rules;

(b) Separate applications should be made for registration of each work;

(c) Each application should be accompanied by the requisite fee prescribed in the Second Schedule to the Rules; and

(d) 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.

If the applicant is not the author of the work, he has to obtain consent of the author for registration of the copyright in the work in the favour of the applicant. In case of artistist the work, which is used or is capable of being used as trademark, under section 45 of the Act, the applicant has to apply to the Registrar of Trademark for a prescribed certificate by filling Form TM60.

Upon receiving the application for registration, the Registrar of Copyright would scrutinise the same and send a letter to the applicant informing further requirements and objections, if any.

Upon clearance/compliance of all the objections and or the requirements, as the case may be, the Registrar of Copyrights would enter particulars of the work in the Register of Copyright.

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.

The Government has set up a Copyright Enforcement Advisory Council (CEAC).

The regular courts try copyright cases. There is a Copyright Board to adjudicate certain cases pertaining to copyright.

1. Who is a performer?

As per the Indian Copyright Act, a "Performer" includes an actor, singer, musician, dancer, acrobat, juggler, conjurer, snake charmer, a person delivering a lecture or any other person who makes a performance.

2. What is the term of protection of performer’s rights?

Performer’s rights subsist for 25 years.

3. What are the rights of a performer in a cinematograph film?

Once a performer has consented for incorporation of his performance in a cinematograph film, he shall have no more performer’s rights to that performance.

1. What is a broadcast?

"Broadcast" means communication to the public:

• by any means of wireless diffusion, whether in any one or more of the forms of signs, sounds or visual images; or

• by wire.

2. What are the rights of a broadcasting organization?

The rights of a broadcasting organization with reference to a broadcast are :

• right to re-broadcast the broadcast;

• right to cause the broadcast to be heard or seen by the public on payment of any charges;

• right to make any sound recording or visual recording of the broadcast;

• right to make any reproduction of such sound recording or visual recording where such initial recording was done without licence or, where it was licensed, for any purpose not envisaged by such licence; and

• right to sell or hire to the public, or offer for such sale or hire, any sound recording or visual recording of the broadcast.

3. What is the term of protection of broadcaster’s rights?

Broadcaster’s rights subsist for 25 years.

1. Is copyright of foreign works protected in India?

Copyrights of works of the countries mentioned in the International Copyright Order are protected in India, as if such works are Indian works.

2. Does copyright subsist in a foreign work?

Copyright of nationals of countries who are members of the Berne Convention for the Protection of Literary and Artistic Works, Universal Copyright Convention and the TRIPS Agreement are protected in India through the International Copyright Order. A list of such countries is at Appendix-IV.

3. Which are the international copyright conventions of which India is a member?

(i) Berne Convention for the Protection of Literary and Artistic works.

(ii) Universal Copyright Convention.

(iii) Convention for the Protection of Producers of Phonograms against Unauthorised Duplication of their Phonograms.

(iv) Multilateral Convention for the Avoidance of Double Taxation of Copyright Royalties.

(v) Trade Related aspects of Intellectual Property Rights (TRIPs) Agreement.

1. Meaning of:

Collective administration of copyright is a concept where management and protection of copyright in works are undertook by a society of owners of such works. Obviously no owner of copyright in any work can keep track of all the uses others make of his work. When he becomes a member of a national copyright society, that society, because of its organisational facilities and strength, is able to keep a better vigil over the uses made of that work throughout the country and collect due royalties from the users of those works.

2. What is a Copyright Society?

A copyright society is a registered collective administration society. Such a society is formed by copyright owners. The minimum membership required for registration of a society is seven.

3. What are the functions of a copyright society?

A copyright society may:

(i) Issue licences in respect of the rights administered by the society.

(ii) Collect fees in pursuance of such licences.

(iii) Distribute such fees among owners of copyright after making deductions for the administrative expenses.

4. Is it necessary to obtain licences from more than one society for exploitation of a work?

In many cases, it is necessary to obtain licences from more than one society.

What is the rule for the transfer of copyright?

The owner of the copyright in an existing work or prospective owner of the copyright in a future work may assign to any person the copyright, either wholly or partially in the following manner.

for the entire world or for a specific country or territory; or

for the full term of copyright or part thereof; or

relating to all the rights comprising the copyright or only part of such rights.