COPYRIGHT

The Copyright Act, 1957 was brought into force on January 21, 1958. Its key features are:

·         Copyright subsists in:

-          Original literary, dramatic, musical and artistic works;

-          Cinematograph films; and

-          Sound recordings

·         Works first published/registered in a country which is a member of either Berne Convention or Universal Copyright Convention is accorded protection as Indian works without any formalities. The term of protection, however, is limited to that enjoyed in the country of origin.

·         Term of copyright- for literary, dramatic, musical or artistic works, copyright subsists for the lifetime of the author plus sixty years after the author’s death.

·         Registration of copyright is not necessary either for subsistence or enforcement.

·         Copyright in any design capable of being registered under Designs Act, which has not been registered under the Designs Act, shall cease as soon as fifty reproductions are made.

·         Copyright Office and Copyright Board have been established to administer matters pertaining to copyright.

Registration of Copyright

·         Advisable to register copyright in important or extensively used work(s) since registration is considered prima facie evidence of the owner’s rights.

·         In case copyright vesting in an artistic work capable of being used as a trade mark is intended to be registered, a ‘No objection’/ ‘Clearance Certificate’ is required to be obtained from the Trade Marks Registry prior filing an application for registration of copyright, that no trade mark identical/deceptively similar to such artistic work exists in the name of any other person.

·         In case the applicant believes that notice of the application for registration of copyright has to be given to certain concerned persons, the applicant has to intimate them of the application prior to filing.