Copyright

Copyright is the exclusive right of the author on the artistic work or literature produced by him and stops others from copying/publishing the same. Copyright law has extended protection not only to literary, dramatic, musical and artistic works but also sound recordings, films, broadcast cable programs, computer programs and typographical arrangements of publications.

Items for which copyright can be registered

Copyright can be registered for the following: –

a) original literary, dramatic, musical and artistic works;

(b) cinematograph films;

(c) sound recording; and

(d) computer programs.

Validity of Copyright 

i)    Copyright shall subsist in any literary, dramatic, musical or artistic work published within the lifetime of the author until sixty years from the beginning of the calendar year next following the year in which the author dies. In the case of joint ownership which implies where the collaboration of two or more authors in the production of work,-

(a)  where the identity of one of the authors is disclosed, as references to that author;

(b)  where the identity of more authors than one is disclosed, as references to the author who dies last.

In case of copyright is anonymous or pseudonymous, copyright shall subsist until sixty years from the beginning of the calendar year next following the year in which the work is first published.

    Documents required for copyright registration

In case of artistic work: –

(a) Statement of particulars and statement of further Particulars signed by the applicant;

(b)  Letter of authority or board resolution passed by the Company;

(c)   Power of Attorney is required only when the copyright is applied through an agent;

(d)  No objection certificate from various other person involved in the work;

(e)   No objection certificate from the publisher if the publisher is other than the applicant;

(f)    No objection certificate by the person whose picture is appearing on the work;

(g)  Search certificate issued by trademark registry, in case of artistic works used or capable of being used in relation to goods or services is a matter of trademark;

(h)  An affidavit, if the work is appearing to be capable of being registered under Designs; and

(i)     Two original and identical copies of the work.