Copyright in India

Copyright is a set of rights available to the creator of an original literary, dramatic, artistic, or musical work. These rights protect the creator's work from theft and unauthorized use. The creator has the right to reproduce, distribute, perform, and display the work publicly, as well as create derivative works. Copyright's primary goal is to encourage creators to make new works. These works are available for the public to enjoy according to the author or owner's wishes. Copyright benefits both the creator and the public. The creator receives economic rewards for their creation, and the public gets access to literature, drama, art, or music. By registering a copyright, the creator can protect their work from theft or piracy. Copyright registration protects from theft and rewards the creator for their hard work.

Procedure to obtain a copyright registration

In order to obtain copyright registration, you need to follow a specific process which involves the following steps:

I. Filing the Application

To register a copyright for a work, the applicant must fill out a Form and submit it along with the required fee. The Form must include a Statement of Particulars and a Statement of Further Particulars that describe the applicant and the nature of the work. Each application is valid for only one work. In addition, the applicant must give notice of the application to anyone who claims or has an interest in the subject matter of the copyright, or disputes the rights of the applicant to it.
 

II. Formality Check

After receiving an application, the Office checks to ensure that all basic requirements have been met. If there are any discrepancies, a letter is sent to the applicant at the address provided in the application. The applicant has 30 days from the date of this letter to address the discrepancy.
 

III. Examination

After you submit your application, there is a mandatory waiting period of 30 days before it is examined. During this waiting period, the application is checked to ensure it meets all the necessary legal and registration requirements. If there are any issues or objections with the information provided in the application, the Registrar will conduct an inquiry and give you an opportunity to be heard before making a final decision to reject the application.

IV. Entry in the Register of Copyrights

Once the Registrar or the Deputy Registrar, depending on the case, is satisfied with the application details, they will create an entry in the Register of Copyrights. Afterwards, they will sign and issue a copy of the same. The Registrar will then send a copy of the entries made in the Register to the relevant parties. Anyone can apply to obtain copies or make extracts of the copies from the Register by paying a fee. However, this will be subject to supervision as arranged by the Registrar.

Advantages of Registration of Copyright

1. Legal Protection: When a creator registers their copyright, they are legally protecting their original work. This registration serves as an official record that establishes a public claim to the work and confirms the creator's rights. The process involves obtaining legal documentation for the work and enhancing its protection. By doing this, if someone infringes on the creator's work, they have stronger legal grounds for their claim. Copyright registration is crucial in fortifying the security of creative works, which ultimately safeguards creators' interests and rights.
2. Exclusive Rights: Registering a copyright grants the creator exclusive rights to protect the uniqueness of their work. The creator becomes the sole authority with the rights to reproduce, distribute, display, and perform their creation. This legal process ensures that no one else can use, copy, or profit from their work without proper authorization. It empowers the creator to control how their work is used and provides a strong foundation for enforcing their rights in case of infringement. Registering a copyright is a crucial step for creators to safeguard their intellectual property and establish ownership over their creations.
3. Public Notice: Copyright registration is an important step for creators to assert their ownership over their original work and protect their intellectual property. By registering their copyright, creators declare their rights under copyright law and deter unauthorized use of their work. This process involves notifying the public about the copyright holder's claim, which offers a layer of security against infringement. Copyright registration provides a legal foundation for protecting the creator's work, ensuring that their rights are respected, and any unlawful uses can be legally contested and possibly penalized.
4. Infringement Lawsuit: Registering a copyright is an essential legal requirement that needs to be fulfilled in many jurisdictions before you can file a lawsuit against an infringer. This step helps solidify your ownership claim and strengthens your legal standing. If you fail to register your copyright, you will have limited rights to enforce it, which can hinder your ability to seek justice in court. Essentially, copyright registration provides you with robust protection, which further allows you to fight against unauthorized use of your work and seek fair compensation.
5. Enhanced Marketability: Obtaining Copyright Registration offers creators a significant advantage by increasing the marketability of their work. Copyright protection adds value to a work and makes it stand out among others in the market, thereby increasing its credibility and attracting potential buyers, investors, or licensees. Moreover, registered copyright allows creators to commercially exploit their work, unlocking various financial benefits.

Rights of a Copyright Owner

Copyright owner majourly has two types of rights which are describe as follows:

1. Economic Rights of a copyright owner
2.  Moral Rights of a copyright owner

The following two categories of rights will be explained in detail:

1. Economical Rights of a Copyright Owner: Economic rights refer to legal claims that provide financial benefits to the owner. In the context of copyright, economic rights are defined in Section 14 of the Copyright Act and there are five such rights available to the owner.

• Right to reproduce the work: Reproduction refers to the process of creating a duplicate of previous work and changing it by adding, revising, or otherwise altering it. It simply refers to the right to copy.
• Right to distribute in market: The owner of a copyrighted work has the right to not only reproduce but also distribute and make a profit from it. The distribution can take various forms such as a sale, a free loan, a loan for payment, a rental or a complimentary gift.
• Right to update the public: Releasing or making a work or product accessible to the public through broadcasting, simulcasting, or webcasting is referred to as communication to the public. Such an act, if performed by someone who does not own the rights to the work, can be considered an act of infringement.
• The right to adapt: A work protected by copyright can be altered or rearranged, including the right of adaptation. However, this right is only applicable to musical, literary, or dramatic works. Computer programs are not covered by these rights.
• Right to translate: The owner of a copyrighted work has the right to translate their work into any language or form.

2. Moral Right of a Copyright Owner: Moral rights refer to those rights which a person has to get morally from society and these rights are defined in Section 57 of the Copyright Act and there are three such rights available to the owner.

• Rights to integrity: The owner of a copyright has the right to prevent unauthorized use of their creation.

• Rights to paternity: A copyright owner has the right to claim and prevent others from claiming ownership of their copyrighted work, which is known as a paternity right.
• Rights to retraction: Retraction refers to the act of withdrawing or revoking a statement made earlier. There may be instances where an author might feel the need to sacrifice their rights to maintain the integrity of their work. The Copyright Act provides an option to the author to stop publishing their work under section 57. Essentially, this means that the author gives up their legal rights to preserve their reputation and honour.

Conclusion

After our detailed discussion, we have gained a better understanding of copyright and its benefits. Copyright owners need to be aware of these advantages before claiming copyright for their work. We also discussed the owner's rights and how they can claim them in the event of any infringement. These rights give them the ability to take legal action against anyone who violates their rights.