Copyright Laws in India
WHAT ARE THE INTERNATIONAL TREATIES GOVERNING COPYRIGHT LAWS IN INDIA?
Part II Section 1 (Article 9 to Article 14) of the TRIPS agreement deals with the minimum standard in respect of copyrights.
Copyright is a right given by the law to creators of literary, dramatic, musical and artistic works and producers of cinematograph films and sound recordings. It is a bundle of rights including, inter alia, rights of reproduction, communication to the public, adaptation and translation of the work. There could be slight variations in the composition of the rights depending on the work.
The Copyright Act, 1957 is compliant with most international conventions and treaties in the field of copyrights. India is a member of the Berne Convention for the Protection of Literary and Artistic Works of 1886 (as modified at Paris in 1971), and the Universal Copyright Convention of 1951. Though India is not a member of the Rome Convention of 1961, the Copyright Act, 1957 is fully compliant with the Rome Convention provisions.
Two new treaties, collectively termed as Internet Treaties, were negotiated in 1996 under the auspices of the World Intellectual Property Organization (WIPO). These treaties are called the 'WIPO Copyrights Treaty (WCT)' and the 'WIPO Performances and Phonograms Treaty (WPPT)'. These treaties were negotiated essentially to provide for the protection of the rights of copyright holders, performers and producers of phonograms in the Internet and digital era. India is not a member of these treaties as yet.
WHAT ARE DIFFERENT PROVISIONS RELATED TO COPYRIGHT IN TRIPS AGREEMENT?
Art 9: Protection of works covered by Berne Convention.
Art 10: Protection of computer programs as literary works and of compilations of data.
Art 11: Recognition of rental rights, at least for phonograms, computer programs, and for cinematographic works.
Art 12: Recognition of a 50 years' minimum term for works owned by juridical persons, and for performers and phonogram producers.
Art 13: Exceptions to exclusive rights must be limited to special cases, which do not conflict with a normal exploitation of the work and do not unreasonably prejudice the legitimate interests of the rights-holder.
Art 14: Recognition of rights of performers, producers, of phonograms and broadcasting organizations.
What is copyright?
Copyright is a right given by the law to the creators of literary, dramatic, musical and artistic works and producers of cinematograph films and sound recordings. In fact, it is a bundle of rights including, inter alia, rights of reproduction, communication to the public, adaptation and translation of the work. There could be slight variations in the composition of the rights depending on the work. Copyright ensures certain minimum safeguards of the rights of authors over their creations, thereby protecting and rewarding creativity. Creativity being the keystone of progress, no civilized society can afford to ignore the basic requirement of encouraging the same. Economic and social development of a society is dependent on creativity. The protection provided by copyright to the efforts of writers, artists, designers, dramatists, musicians, architects and producers of sound recordings, cinematography films and computer software, creates an atmosphere conducive to creativity, which induces them to create more and motivates others also in their creative work.
Where can I file application for registration of copyright for a work?
The Copyright Office has been set up to provide registration facilities to all types of works and is headed by a Registrar of Copyrights and is located in New Delhi. The applications for registration of works can be filed at the counter or by post. On-line registration through “E-filing facility” has been provided from 8th September 2009, which facilitates the applicants to file applications at the time and place chosen by them.
What is the procedure for registration of a work under the Copyright Act, 1957?
The procedure for registration is as follows:
a) Application for registration is to be made in Form IV (Including Statement of Particulars and Statement of Further Particulars) as prescribed in the first schedule to the Rules;
b) Separate applications should be made for registration of each work;
c) Each application should be accompanied by the requisite fee prescribed in the second schedule to the Rules; and
d) The applications should be signed by the applicant or the advocate in whose favor a Vakalatnama or Power of Attorney has been executed. The Power of Attorney signed by the party and accepted by the advocate should also be enclosed.
e) Each and every column of the Statement of Particulars and Statement of Further Particulars should be replied specifically.
Whether unpublished works can be registered?
Yes. Both published and unpublished works can be registered. Copyright in works published before 21st January, 1958, i.e., before the Copyright Act, 1957 came into force, can also be registered, provided the works still enjoy copyright.
Whether computer Software or Computer Programme can be registered?
Yes. Computer Software or programme can be registered as a ‘literary work’. As per Section 2 (o) of the Copyright Act, 1957 “literary work” includes computer programmes, tables and compilations, including computer databases. ‘Source Code’ is also to be supplied along with the application for registration of copyright for software products.
How can I get copyright registration for my Web-site?
A web-site contains several works such as literary works, artistic works (photographs etc.), sound recordings, video clips, cinematograph films and broadcastings and computer software too. Therefore, a separate application has to be filed for registration of all these works.
Courtsey:- www.thelegist.com
Part II Section 1 (Article 9 to Article 14) of the TRIPS agreement deals with the minimum standard in respect of copyrights.
Copyright is a right given by the law to creators of literary, dramatic, musical and artistic works and producers of cinematograph films and sound recordings. It is a bundle of rights including, inter alia, rights of reproduction, communication to the public, adaptation and translation of the work. There could be slight variations in the composition of the rights depending on the work.
The Copyright Act, 1957 is compliant with most international conventions and treaties in the field of copyrights. India is a member of the Berne Convention for the Protection of Literary and Artistic Works of 1886 (as modified at Paris in 1971), and the Universal Copyright Convention of 1951. Though India is not a member of the Rome Convention of 1961, the Copyright Act, 1957 is fully compliant with the Rome Convention provisions.
Two new treaties, collectively termed as Internet Treaties, were negotiated in 1996 under the auspices of the World Intellectual Property Organization (WIPO). These treaties are called the 'WIPO Copyrights Treaty (WCT)' and the 'WIPO Performances and Phonograms Treaty (WPPT)'. These treaties were negotiated essentially to provide for the protection of the rights of copyright holders, performers and producers of phonograms in the Internet and digital era. India is not a member of these treaties as yet.
WHAT ARE DIFFERENT PROVISIONS RELATED TO COPYRIGHT IN TRIPS AGREEMENT?
Art 9: Protection of works covered by Berne Convention.
Art 10: Protection of computer programs as literary works and of compilations of data.
Art 11: Recognition of rental rights, at least for phonograms, computer programs, and for cinematographic works.
Art 12: Recognition of a 50 years' minimum term for works owned by juridical persons, and for performers and phonogram producers.
Art 13: Exceptions to exclusive rights must be limited to special cases, which do not conflict with a normal exploitation of the work and do not unreasonably prejudice the legitimate interests of the rights-holder.
Art 14: Recognition of rights of performers, producers, of phonograms and broadcasting organizations.
What is copyright?
Copyright is a right given by the law to the creators of literary, dramatic, musical and artistic works and producers of cinematograph films and sound recordings. In fact, it is a bundle of rights including, inter alia, rights of reproduction, communication to the public, adaptation and translation of the work. There could be slight variations in the composition of the rights depending on the work. Copyright ensures certain minimum safeguards of the rights of authors over their creations, thereby protecting and rewarding creativity. Creativity being the keystone of progress, no civilized society can afford to ignore the basic requirement of encouraging the same. Economic and social development of a society is dependent on creativity. The protection provided by copyright to the efforts of writers, artists, designers, dramatists, musicians, architects and producers of sound recordings, cinematography films and computer software, creates an atmosphere conducive to creativity, which induces them to create more and motivates others also in their creative work.
Where can I file application for registration of copyright for a work?
The Copyright Office has been set up to provide registration facilities to all types of works and is headed by a Registrar of Copyrights and is located in New Delhi. The applications for registration of works can be filed at the counter or by post. On-line registration through “E-filing facility” has been provided from 8th September 2009, which facilitates the applicants to file applications at the time and place chosen by them.
What is the procedure for registration of a work under the Copyright Act, 1957?
The procedure for registration is as follows:
a) Application for registration is to be made in Form IV (Including Statement of Particulars and Statement of Further Particulars) as prescribed in the first schedule to the Rules;
b) Separate applications should be made for registration of each work;
c) Each application should be accompanied by the requisite fee prescribed in the second schedule to the Rules; and
d) The applications should be signed by the applicant or the advocate in whose favor a Vakalatnama or Power of Attorney has been executed. The Power of Attorney signed by the party and accepted by the advocate should also be enclosed.
e) Each and every column of the Statement of Particulars and Statement of Further Particulars should be replied specifically.
Whether unpublished works can be registered?
Yes. Both published and unpublished works can be registered. Copyright in works published before 21st January, 1958, i.e., before the Copyright Act, 1957 came into force, can also be registered, provided the works still enjoy copyright.
Whether computer Software or Computer Programme can be registered?
Yes. Computer Software or programme can be registered as a ‘literary work’. As per Section 2 (o) of the Copyright Act, 1957 “literary work” includes computer programmes, tables and compilations, including computer databases. ‘Source Code’ is also to be supplied along with the application for registration of copyright for software products.
How can I get copyright registration for my Web-site?
A web-site contains several works such as literary works, artistic works (photographs etc.), sound recordings, video clips, cinematograph films and broadcastings and computer software too. Therefore, a separate application has to be filed for registration of all these works.
Courtsey:- www.thelegist.com
Comments