What is a Copyright and 8 points you must know about it?
by Paras Mehra 1.45K
INTRODUCTION
The word copyright itself defines everything. It is the right confers upon its creator. If you have developed or created or produced any original work, then copyright comes into existence.
In other words, as soon as work is created, copyright comes into existence. However, this right can only be enjoyed by the original creator.
Hence, copyright is the right owned by the creator of artistic, sound recording, cinematograph films, musical, literary, etc.
Here are eight points on copyright, you must know about:
#1 – Why copyright registration: Copyright is the only right which comes into existence as soon as any original work is created and hence, it needs no formality. However, if you do not register it formally, then you will first have to prove to the court of law that this work is your original content.
However, once you are registered under the copyright act, then the court will assume that it is your original content.
#2 - Works protected under copyright: Copyright is not a natural right and hence do not cover every work under its ambit. The following work is protected under copyright law:
- Literary
- Dramatic
- Musical
- Artistic
- Sound recording and
- Cinematograph films
#3 – Who can file a copyright application: Any person who is an original creator of the work can apply for copyright registration. Always remember, if you have assembled the content and you pretend to be the owner or original creator, then you might be penalised for it.
#4 – Copyright Registration procedure in India: The copyright registration procedure can be divided into three broad steps:
- Filing of Application: The first step is to file the copyright application along with required documents and requisite fees. After filling the application, the register opens it for any objection to coming. If any objection is filed by anybody, then the dispute shall be resolved by the registrar. However, if no objection is received, then proceed to next step.
- Examination of application: After the first step, the registrar or the Examiner himself checks whether the work applied is the original content or not. If he finds any objection or issue, then he shall communicate to the applicant.
However, if everything goes fine, then he may proceed to next step.
- Issue of Registration Certificate: Once, registrar or examiner is satisfied with the content and the claims of the author, and then he may issue the registration certificate.
#5 – Cost of filing the application: The cost of filing the copyright depends on upon the work you have created. Government cost differs from work to work. The basic table is as follows:
|
SNO. |
PARTICULARS |
GOVT. FEES |
|
1. |
Literary, Dramatic, Musical or Artistic work |
Rs.500 per work |
|
2 |
Registration of Copyright in a Cinematograph Film |
Rs.5000 per work |
|
3 |
Registration of copyright in a Sound Recording |
Rs.2000 per work |
For details, kindly read GOVERNMENT FEES OF FILING THE COPYRIGHT REGISTRATION IN INDIA
#6 - Term of Copyright registration: Unlike patents, where protection life is around 20 years, copyright registration is valid for lifetime. The term of protection according to the work is as follows:
|
SNO. |
PARTICULARS |
TERM VALIDITY |
|
1. |
Literary, Dramatic, Musical or Artistic work |
Lifetime of the author and 60 years from the year in which author dies. |
|
2 |
Cinematograph Film, photograph and computer program |
60 Years |
|
3 |
Sound Recording |
60 Years |
#7 – Online procedure or process: Earlier copyright registration was manual and creates the very problem during the registration process. However, now the process is completely online. However, the process is still tedious for the layman or a person from the non legal background.
#8 – Registration mandatory for content writer, developer, designers: In this last point, we like to discuss the two main categories:
- Content writers: In the age of the internet, the content spread faster than the fire. Hence, it is very important to distinguish your content from the competitors. The best way to do it is to copyright it. As soon as you created a work, go and file for copyright registration.
- Designer and developers: In this category, it is very difficult to verify whether the content is original or not. Developers, designers assembles the code from the open source and run their machinery and often claim that to be original. However, this is not true.
You must create your original work, only then you are supposed to be original creator.
Conclusion
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