Copyright

1. Introduction
2. Protection offered by copyright
3. Duration and Commercial Exploitation
4. Procedure for Registration

COPYRIGHT
Copyright is concerned with protection of literary and artistic works which include writings, music and works of the fine arts, such as Painting and Sculptures, and technology based works such as Computer Program and Electronics Databases.

Copyright protects works which is expression of thoughts and not ideas. Mere ideas cannot be protected until and unless it is expressed through artistic and literary work. Copyright is a pure creation of statue, Copyright Act, 1957 as amended from time to time.

Section 14 of Copyright Act 1957 defines Copyright as ‘the exclusive right to do or authorize other(s) to do certain acts in relation to

1) Literary, Dramatic, or Musical Work
2) Artistic Work
3) Cinematographic Film
4) Sound Recording

Literary works
A Literary work means any work, other than a dramatic or musical work, which is written, spoken or sung. A literary work should provide for some element of either information and instruction or pleasure in the form of literary enjoyment. For e.g. examination papers, tables, compilations and computer programmes are literary works.

Dramatic works
A Dramatic work include any piece for recitation, choreographic work or entertainment in dumb show, the scenic arrangement or acting, form of which is fixed in writing or otherwise but does not include cinematographic film.

Musical works
Musical work means a work consisting of music and includes any graphic notation of such work but does not include any words or any action intended to be sung, spoken or performed with the music.

Artistic works
a) A painting, a sculpture, a drawing (including a diagram, map, chart or plan), an engraving or photograph
b) An architectural work of art
c) Any other work of artistic craftsmanship Cinematograph film
Any work of visual recording on any medium produced through a process from which a moving image may be produced by any means and includes a sound recording accompanying such visual recording.

Sound Recording
A recording of sounds from which such sounds may be produced regardless of the medium on which such recording is the method by which the sounds are produced.

Computer Software
In India the Copyright Act protects the right of the company and the individual developing the software.

PROTECTION OFFERED BY COPYRIGHT
Copyright confers the following rights
a) Economic Rights
b) Moral Rights
(a)Copyright confers the following economic rights

a)	Literary, Dramatic or Musical work, artistic work.	a) right to reproduce the work in any material form. b) right to publish the work c) right to make any adoption of the work
b)	Literary, Dramatic or Musical work, artistic work	a) right to perform the work in public b) right to produce, perform, or publish any translation of the work
c)	Oral works	a) right to ownership of an address of speech delivered in public vests in the speaker b) right to make a cine film or a record in respect of the work c) right to communicate the work by radio diffusion or of public communication through amplifier
d)	Artistic Work	right to include the work in any cine film
e)	Cinematograph film	a) right to make a copy of film b) right to sell or given on hire or offer for sell or hire any copy of the film c) right to communicate the film to the public
f)	Sound Records	a) right to make any other recording embodying the recording b) right to sell or given on hire or offer for sell or hire any copy of the sound recording c) right to communicate the sound recording to the public
g)	Computer Programme	a)Similar right in case of literary, dramatic or musical work b) right to sell or commercial rental right

   a) right to make a copy of film
b) right to sell or given on hire or offer for sell or hire any copy of the film
c) right to communicate the film to the public

f)

Sound Records

a) right to make any other recording embodying the recording
b) right to sell or given on hire or offer for sell or hire any copy of the sound recording
c) right to communicate the sound recording to the public

g) 

 Computer Programme

a)Similar right in case of literary, dramatic or musical work
b) right to sell or commercial rental right

  DURATION AND COMMERCIAL EXPLOITATION

Term
Copyright subsists in any original work specified above from the moment of its publication during the lifetime of the author plus 60 years.

Commercial Exploitation

Copyright can be exploited by its owner by assigning his rights or on account of profit for a lump sum payment or on royalty basis.

Rights and remedies against infringement

Civil remedies are an injunction and either damages or on account of profit. Criminal remedies include imprisonment, heavy fine and seizure of infringing copies of work which shall be delivered to the copyright owner. 

PROCEDURE FOR REGISTRATION
Names, address of the author, owner and publisher are entered into the Register of Copyright in prescribed form at copyright office along with the name or title of the work.

An application to copyright office may be made by the author, owner or publisher of the work to enter the above said particulars in the register of copyright.

The Register of Copyright shall be the prima facie evidence of the particulars entered therein or documents’ purporting to be the copies of any entry or extract certified by Register of Copyright and sealed with the seal of copyright office and is admissible in all courts.

Printing, publishing and entertainment industry like film and recording are almost entirely dependent on copyright protection which exhibits the large scope of the Copyright.