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Tag: What is the copyright law for content in India

what is copyright law in india

what is copyright law in india插图

Indian Copyright Act, 1957

What is the procedure for copyright in India?

Make an account on the website of copyright office.Fill the online form and make the payment.Send a copy of the below documents to the copyright office.

How to get copyrights registered in India?

Copyright Registration Process and Procedure Email us at [email protected] stating what exactly do you want to copyright we will send the entire procedure along with the fee.Copyright Registration Process FlowchartTime for Processing Application From the date of submission to certification it has its own time duration. …More items…

How to register for copyright in India?

Name of the authorName of the claimant.Name of the creation. …Date that the creation was complete.Earliest publication (if any).Your bank account details (in order to deposit the prescribed for copyright registration)Your personal information.Sign the certification at the end of the application. …

What is the copyright law for content in India?

Which are the international copyright conventions of which India is a member?Berne Convention for the Protection of Literary and Artistic works.Universal Copyright Convention.Convention for the Protection of Producers of Phonograms against Unauthorised Duplication of their Phonograms.Multilateral Convention for the Avoidance of Double Taxation of Copyright Royalties.More items…

What is copyright in India?

The law of copyright in India not only provides for civil remedies in the form of permanent injunction, damages or accounts of profits, delivery of the infringing material for destruction and cost of the legal proceedings. etc. but also makes instances of infringement of copyright, a cognizable offence punishable with imprisonment for a term which shall not be less than six months but which may extend to three years with a fine which shall not be less than Rs 50,000 (approx. US$ 800) but may extend to Rs 2,00,000 (approx. US$ 3,000). For the second and subsequent offences, there are provisions for enhanced fine and punishment under the Copyright Act. The (Indian) Copyright Act, 1957 gives power to the police authorities to register the Complaint (First Information Report, ie, FIR) and act on its own to arrest the accused, search the premises of the accused and seize the infringing material without any intervention of the court.

What is the copyright act of 1957?

The (Indian) Copyright Act, 1957 gives power to the police authorities to register the Complaint (First Information Report, ie, FIR) and act on its own to arrest the accused, search the premises of the accused and seize the infringing material without any intervention of the court.

What is the government of India doing to combat piracy?

The Government of India is also taking initiative to combat piracy in the software industry, motion pictures and the music industry along with players in the industry through their associations and organizations like NASSCOM (National Association of Software and Service Companies), NIAPC (National Initiative Against Piracy and Counterfeiting) etc.

How long is copyright valid?

In the case of original literary, dramatic, musical and artistic works, the duration of copyright is the lifetime of the author or artist, and 60 years counted from the year following the death of the author.

What is a copyrighted work?

Under the Copyright Act, 1957 the term "work" includes an artistic work comprising of a painting, a sculpture, a drawing (including a diagram, a map, a chart or plan), an engraving, a photograph, a work of architecture or artistic craftsmanship, dramatic work, literary work (including computer programmes, tables, compilations and computer databases), musical work (including music as well as graphical notations), sound recording and cinematographic film.

What is a Khurana patent?

Khurana and Khurana. WIPO defines patent as an exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem. All You Need To Know About "Well-Known Trademarks". Khurana and Khurana.

When did India get copyright?

In order to keep pace with the global requirement of harmonization, the Copyright Act, 1957 has brought the copyright law in India in line with the developments in the information technology industry, whether it is in the field of satellite broadcasting or computer software or digital technology. The amended law has also made provisions …

What is a dramatic work?

According to section 2 (h) of the Copyright Act, ‘dramatic work’ includes any piece for recitation, choreographic work or entertainment in dumb show , the scenic arrangement or acting form of which is fixed in writing or otherwise but does not include a cinematographic film. Dramatic work and literary work are interconnected, printed literature can be played in dramas and texts of dramatic plays can be read as dramatic literature. For a work to be called dramatic work it should be capable of being physically performed [28].

What is a literary work?

And computer programmes include programmes recorded on any information storage device which is capable of reproducing any information when fed into a computer [19]. Though books, songs and other literary works are protected, titles alone cannot be copyrighted [20].

What is originality in copyright?

Section 13 of the Copyright Act clearly states that in order to be eligible for copyright protection, the work must be Original. However, the Act does not define the term ‘original’. Unlike in Patents, ‘originality’ does not mean an inventive or novel expression of ideas. The meaning of the term ‘original’ was interpreted in the case of UNIVERSITY OF LONDON PRESS V UNIVERSITY OF TUTORIAL PRESS[16]. The only mandate in copyright law is that the work should not be copied from anywhere. It should originate from the author and should be fixed in a tangible medium (in case of literary works). The originality of ideas has never been the concern of Copyright laws. [17].

What is the WIPO copyright?

The WIPO Copyright Treaty is a special agreement within the framework of the Berne Convention [9] , adopted by the World Intellectual Property Organisation and the Diplomatic Conference on Certain Copyright and Related Rights Questions in 1996 [10]. It was born out of the need to address copyright issues in the digital environment. Under this treaty, computer programs, whatever may be the mode or form of their expression [11] and compilation of data or other materials “databases”, in any form, which by reason of the selection or arrangement of their contents constitute intellectual creations [12], are given copyright protection.

What is the Berne Convention?

The Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations, as the name suggests, arose from a new need to regulate recording and broadcasting of artistic works which was not adequately covered under the Berne Convention. The Berne Convention proved to be insufficient to provide copyright protection to the performances of artists, phonogram producers and broadcasting organisations. This convention is open only to those states which are parties to either the Berne Convention or the Universal Copyright Convention [4]. The Rome Convention expanded and defined the rights of performers, phonogram producers and broadcasting organisations. Performers were accorded protection from acts to which they did not consent, such as fixation, reproduction of a non-authorised fixation and broadcast and communication of live performances [5]. Phonogram producers were given the right to allow or prohibit the reproduction of their phonograms [6] and Broadcasting Organisations were given the right to allow or prohibit the reproduction, fixation and rebroadcasting of their broadcasts [7]. The Rome Convention is jointly administered by the WIPO, the ILO and UNESCO [8].

What is the Universal Copyright Convention?

The Universal Copyright Convention was devised as an alternative to the Berne Convention by UNESCO for those countries which did not agree with the terms of the Berne Convention but still aspired to be a signatory to a multilateral copyright protection convention. The Universal Copyright Convention was less imposing and strict than the Berne Convention. Hence countries which did not want to drastically change their domestic laws to accommodate the Berne Convention became signatories to the Universal Copyright Convention.

What was the first copyright law?

The first copyright law, The Statute of Anne was passed in 1709 and came into effect in 1710 in England. The concept of the author of work being the owner of its copyright was introduced by this statute [2].

What is the object of the Copyright?

The law in India and act was brought to safeguard the original work of the owner to encourage the work of their originality and to preserve their first handwork and to discourage the unlawful production by any other person. Without the consent and permission of the owner of the copyright the person trying to do any sort of illegal work will fear to do it. Thus, to preserve the originality and creativity of the work this Act was brought.

What Indian Law follows?

Indian law follows a completely diverse approach to copyright exceptions. The law in India follows a hybrid approach which permits:

What are the legal remedies available to the owner of copyright?

It is used in case of infringement of copyright law in India done by the other parties. Civil Remedy.

What is copyright in music?

What is Copyright? It is the right given by the law to the creator of literary, dramatic, artistic and musical works and producers of cinematograph films and sound recordings also fall under it. In a nutshell, it is the right provided by the statuettes to the authors, creators as numbered in the Copyright Act.

What is the copyright act of 1957?

The Copyright Act 1957 relieves certain acts from the domain of copyright infringement. While many of the people have a tendency to use the term as reasonable that denotes the exceptions of the copyright law in India, which is totally and concretely the wrong usage of this term, the supreme country and most popular as dream country …

What is joint authorship?

2 (z) of the Copyright Act that provides “a work produced by the collaboration of two or more authors in which the contribution of one author is not distinct from the contribution of the other author or authors” is a work of joint authorship.

Can a copyright owner sue for a copyright violation?

In Civil remedy, the owner of the copyright may sue the person for its infringement by filing a suit for a permanent injunction. And in Criminal remedy, the owner can file a criminal complaint against the infringer. If compared both the remedies, the criminal remedy is more powerful.

What are the categories of copyright?

In India, copyright can subsist in: original literary, dramatic, musical and artistic works; cinematograph films; and sound recordings. No straitjacket definition is given for literary works under the Act and it merely states that the literary work includes computer programs, tables and compilations including computer databases. The definitions of dramatic work and artistic work are also inclusive in nature. Dramatic work has been defined as including any piece of recitation, choreographic work or entertainment in dumb show, the scenic arrangement or acting form of which is fixed in writing or otherwise. Similarly, artistic work is also defined in inclusive terms and states that it means a painting, a sculpture, a drawing (including a diagram, map, chart or plan), an engraving or a photograph, a work of architecture and any other work of artistic craftsmanship.

How long can you sue for copyright infringement?

The period of limitation for filing the suit is three years from the date of infringement. Where the cause of action for filing a suit for infringement of copyright is a recurring one or continuing in nature, the limitation period of three years would commence on the date of such last infringement. Further, if sufficient and reasonable cause is shown for condonation of delay in instituting a lawsuit for infringement, the period of limitation of three years can be extended in accordance with judicial discretion and case law.

How many times can a copyright be used?

Copyright in any unregistered design which is capable of being registered as an industrial design will cease to exist if the article to which the design has been applied is reproduced more than 50 times by an industrial process by the owner of the copyright or, under his licence, by any other person.

What is originality in copyright?

The first and foremost requirement is “ originality ”. The word “original” has not been defined in the Copyright Act, 1957 (the Act), but has derived its connotation through case laws. It is largely understood as a work that “owes its origin to the author”; the work must originate from the skill and labour of the author and must not be a copy …

When did IPAB dissolve?

In pursuance of the Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance, 2021; the Government dissolved IPAB with effect from 4 th April 2021. This needs to be read with the Copyright Amendment Rules, 2021 (“news Rules”) brought into force earlier this year to amend the Copyright Rules, 2013. Under the new Rules, the “Copyright Board” was replaced with the “Appellate Board”. Since the IPAB has now been dismantled and the appellate powers thereof have been transferred to the High Courts and to Commercial Courts, all the appeals arising out of the decisions of the Registrar of Copyrights under the Copyrights Act, 1957 and the appeals against the tariffs of registered Copyright Societies will now need to be placed before the courts.

How much does an injunction cost in India?

The usual cost of an infringement proceeding before a High Court in India (such as the Delhi High Court), from institution of the suit up to obtaining an order of preliminary injunction may be in the range of USD 11,500 to USD 15,000; whereas the all-inclusive cost of filing a law suit and obtaining an order of permanent injunction from the court against the infringement may be in the range of USD 26,500 to USD 35,000 as reaching this stage involves a full trial. Infringement proceedings that are taken to full trial can take two to three years to conclude, whereas ex parte orders can be passed in just a few days from initiation of the suit.

What is considered an artistic work?

Similarly, artistic work is also defined in inclusive terms and states that it means a painting, a sculpture, a drawing (including a diagram, map, chart or plan), an engraving or a photograph, a work of architecture and any other work of artistic craftsmanship.

What Is the Term of Copyright in India?

Intellectual Property Rights or IPR are the legal rights to protect the creative, artistic or inventive works of the individual (s). One of such right is Copyright. Generally, a copyrighted work is identified with a symbol, that is, ©. 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. In fact, it is a bundle of rights including, inter alia, the 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. 1

Why is copyright important?

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, cinematograph films and computer software, creates an atmosphere conducive to creativity, which induces them to create more and motivates others to create. 1

How long is a posthumous publication?

it is the publication of work after the death of its author. The term of copyright protection of a posthumous publication subsists for a period of sixty years and unlike in others, here such period is calculated from the date of publication. 6 The United States Court of Appeals held in the case of Bartok v. Boosey & Hawkes7 that, “A “posthumous work” under section 24 of the Copyright Act is a work on which the right to copyright has passed by will or intestacy due to the absence of an effective assignment by the author during his lifetime.”

What is copyright in film?

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. In fact, it is a bundle of rights including, inter alia, the rights of reproduction, communication to the public, adaptation, and translation of the work.

What is the copyright law in India?

The Copyright Act, 1957 and the Copyright Rules, 2003 governs the subject of copyright in India. The scope of the Act limits to original literary, dramatic, musical and artistic works and cinematograph films and sound recordings from unauthorized uses. Unlike patents, copyright protects only the expressions and not the ideas. There is no copyright protection for ideas, procedures, methods of operation or mathematical concepts as such.

What are the limitations of the 1957 copyright act?

These limitations may be broadly classified into three, that is, limited duration of copyright permitted uses and non-voluntary licences (statutory licence). The duration or term of copyright has been dealt with below.

How long is an anonymous publication copyrighted?

The copyright term of an anonymous publication, as provided under Section 23 of the Copyright Act, 1957, is also for a period of sixty years, calculated from the beginning of the calendar year next following the year in which the work is first published. The section also provides for the disclosure of the identity of the author.

What is a dramatic work?

According to the Copyright Act,1957, the dramatic work includes any piece for recitation, choreographic work or entertainment in dumb shows, the scenic arrangement or acting form which is fixed in writing or otherwise but does not include a cinematographic film.

What is copyright law?

Copyright law as its name suggests is the simple law that suggests if you create something you own it and only you get to decide what happens next with it. In India, law related to copyright is governed by the Copyright Act, 1957.

How does copyright generate wealth?

This can be done by the way of assignment and licensing of copyright.

Why is copyright important?

However, higher the level of protection given to literary, dramatic, musical or artistic work in any country, automatically higher is the number of intelligent creation , i.e. higher its renown. Thus, in the final analysis, we can say for economic, cultural and social development, it is the basic perquisites.

What are economic rights?

Economic rights. In the case of original literary, musical, and dramatic work: In the case, of computer program work: In the case of artistic work: In case of a cinematograph film work: In the case of a sound recording work: Moral rights. Authorship and Ownership in copyright. Assignment of copyright.

What is original literary work?

It is the product of the human mind which may consist of a series of verbal or numerical statements, not necessarily possessing aesthetic merit, capable of being expressed in writing, and which has been arrived at by the exercise of substantial independent skill, creative labor, or judgment.

How much is the minimum punishment for repeat offenders?

In the case of repeat offenders, minimum punishment terms of 1 year and fine of 1 lakh however, the highest punishment will be the same as the first time offender.

Introduction

This article succinctly deals with the law on copyright infringement in India and the remedies provided therein especially those in the nature of damages.

Copyright Infringement Elements

The act of infringement of copyright has been defined u/s 2 (m) of the India Copyright Act 1857. It provides that-

Exceptions to Copyright Infringement

Section 52 of the Indian Copyright Act provides a host/long list of exceptions that won’t constitute copyright violation/infringement.

Damages for Copyright Infringement

As far as remedies for copyright infringement are concerned, they include both civil and criminal remedies mentioned in Chapter XII and XIII of the Indian Copyright Act 1957. Here we will only deal with the Civil remedies especially in the form of damages.

Recent Copyright Infringement Cases

This was a case of Internet Piracy.

Conclusion

Indian Copyright Act 1957 provides various remedies for copyright infringement that include injunction, damages, and rendition of account of profit, etc provided u/s 51 of the Act.