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| What is copyright? |
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Copyright is a protection that covers published and
unpublished literary, scientific and artistic works,
whatever the form of expression, provided such works
are fixed in a tangible or material form. This means
that if you can see it, hear it and/or touch it - it
may be protected. If it is an essay, if it is a play,
if it is a song, if it is a funky original dance move,
if it is a photograph, HTML coding or a computer graphic
that can be set on paper, recorded on tape or saved
to a hard drive, it may be protected. Copyright laws
grant the creator the exclusive right to reproduce,
prepare derivative works, distribute, perform and display
the work publicly. Exclusive means only the creator
of such work, not anybody who has access to it and decides
to grab it. Such work are:-
- Literary, dramatic, musical and artistic works.
- Cinematograph film and Sound recordings.
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| When does
Copyright Protection begin, and what is required ? |
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Copyright protection begins when any of the above
described work is actually created and fixed in a tangible
form.
For example, my brother is a musician and he lives
in the United States. When he writes new lyrics, he
prints them out on paper, signs his name at the bottom
with the Copyright © symbol to show that he is the author,
places it in an envelope and mails it to himself without
opening it. His copyright begins at the moment he puts
his idea in a tangible form by printing the lyrics out
on paper. He creates proof when he mails it to himself
- the postmark establishes the date of creation. He
then registers his copyright with the The Copyright
Act, 1957 which is a requirement in order to sue for
monetary damages should a violation of his copyright
arise. However, if somebody copies and redistributes
his lyrics without permission before his copyright is
registered, he still has the right to assert a copyright
claim as the true author.
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| What
are the rights available through copyright protection? |
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Copyright owners have the exclusive rights to do
or authorize the doing of any of the following in respect
of a work
- to issue copies of the work to the public not being
copies already in publication;
- to perform the work in public, or communicate it
to the public;
- to make any translation or adaptation of the work;
- to sell or give on hire, or offer for sale or hire
a copy (in case of a computer programme regardless
of whether such copy has been sold or given on hire
on earlier occasions;
- Copyright confers a number of rights, some or all
of which can be granted to others either exclusively
or non-exclusively;
- To reproduce the copyrighted work in copies or recordings.
- To prepare derivative works based upon the copyrighted
work;
- To distribute copies or recordings of the copyrighted
work to the public by sale or other transfer of ownership,
or by rental, lease, or lending;
- To perform the copyrighted work publicly, in the
case of literary, musical, dramatic, and choreographic
works, pantomimes, motion pictures and other audiovisual
works; and
- To display the copyrighted work publicly, in the
case of literary, musical, dramatic, and choreographic
works, pantomimes, and pictorial, graphic, or sculptural
works, including the individual images of a motion
picture or other audiovisual work.
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| What are
the requirements for filing the copyright application
in India? |
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The registration of the Copyright may be done by filing an application in
the prescribed from in FORM-IV
Application for Registration of Copyright along
with copier of the work in triplicate i.e. Statement
of Particulars & Statement of Further Particulars.
If copyright in case case of trademark, than search
certificate has to be attached from the trademark registry
& thereafter, application of copyright can be filed
in the copyright office.
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| Whether it
is compulsory Registration? |
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It is not necessary under the Indian Copyright Act
to register with the Copyright Office to get copyright
protection. But Registration of copyright is helpful
in an infringement suit whether civil or criminal. Copies
of any entries therein, or extracts from the register
which are certified by the Registrar of copyrights and
with the seal of the copyright office, are admissible
as evidence in all courts without proof or production
of the original.
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| What is covered
by copyright? |
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The kinds of works covered by copyright include: literary works such as novels,poems,plays,reference
works, newspapers and computer programmes, databases,
films, musical compostions and choreography; artistic
works such as paintings,drawings,photographs and sculpture,
architecture and advertisements,maps,industrial and
engineering drawings.
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| What
is the term of a copyright? |
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- If published within the life time of the author
of a literary work the term is for the life time of
the author plus 60 years.
- For cinematographic films, records, photographs,
posthumous publication, anonymous publication, works
of government and international agencies the term
is 60 years from the beginning, of the calendar year
following the year in which the work was published.
- For broadcasting the term is 25 years from the
beginning of the calendar year following the year,
in which the broadcast was made
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| Office of
the Copyright Board |
| The office of the
copyright is located in Delhi for entire India |
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