All about Copyright

Copyright is a special right granted to the creator of an intellectual work that protects the author’s ability to control how others can use, reproduce or adapt the work. This means that you have exclusive rights over your original creations and cannot allow anyone else to make copies of them unless you allow them to do so. A copyright protects “original works of authorship” that are fixed in “a tangible form of expression.” Copyright owner has rights to reproduce, translate, adapt, perform, distribute and publicly display the work, etc. Registration is not mandatory since copyright comes into existence as soon as the intellectual work is created but registration of copyright has immense evidentiary value in the Court and hence registration of a copyright is recommended. The Copyright Act, 1957 governs the provisions relating to copyrights in India.

Intellectual works covered under Copyright

Copyrightable works fall into the following categories under Copyright Act, 1957:

Cinematograph Films – Visual Recording which includes sound recording.

Musical – Musical Notations.

Sound Recording – Compact Disc.

Dramatic – Screenplay, Drama.

Literary including Software – Books, Essay, Compilations, Computer Programs.

Artistic – Drawing, Painting, Logo, Map, Chart, Plan, Photographs, Work of Architecture

Validity Terms of Copyright

Works of Public Undertakings & Government Works – 60 years from the year the work was first published.

Sound Recording – 60 years from the year in which the recording was published.

Anonymous & Pseudonymous Works – 60 years from the year the work was first published.

Literary, Dramatic, Musical or Artistic Works – Lifetime of the author until 60 years from the death of the author.

Cinematograph Films – 60 years from the year in which the film was published.

Sound Recording – 60 years from the year in which the recording was published.