Name, address and nationality of the publisher, if any, of the original work. Particulars of the authorization for a translation or adaptation including the name, address and nationality of the party authorizing:. Remarks, if any Signature Place: Date:. Describe in brief the nature of the work i. Moreover, irrespective of the personwho gave the ideas or suggestions, the author is the person who has actually drawn or executed the work in question.
For meaning of simultaneous publication see section 5. If the rights are owned separately by different persons the rights of each person should be stated separately, including the extent of rights held by each person. This information is required to be supplied in case of artistic work as defined in Section 2 c. Second schedule to the Copyright Rules, As amended from time to time enlisting various fee payable under the Copyright Act, Composition of Copyright Enforcement Advisory Council.
Appendix -III. Composition of Copyright Board. Chairman Mr. Law Secretary, Government of Uttar Pradesh. Law Secretary, Government of Madhya Pradesh. List of Countries included in the International Copyright Order, Phonograms Convention Countrie s. Countries Members of the World Trade Organization. I N T R O D U C T I O N There is an acute lack of awareness on various issues relating to copyright and related rights amongst stakeholders, enforcement agencies, professional users like the scientific and academic communities and members of the public.
Some of the exemptions are the uses of the work for the purpose of research or private study, for criticism or review, for reporting current events, in connection with judicial proceeding, performance by an amateur club or society if the performance is given to a non-paying audience, and the making of sound recordings of literary, dramatic or musical works under certain conditions.
Does copyright apply to titles and names? WORK What is a work? What is a work of joint authorship? Copyright subsists throughout India in the following classes of works: Original literary, dramatic, musical and artistic works; Cinematograph films; and Sound recordings. An artistic work means- a painting, a sculpture, a drawing including a diagram, map, chart or plan , an engraving or a photograph, whether or not any such work possesses artistic quality; a work of architecture; and any other work of artistic craftsmanship.
What is a sound recording? What is a cinematograph film? What is a government work? Who is the first owner of copyright in a work? Is copyright assignable? What is the mode of assigning copyright? Does an assignment lapse automatically? The rights vary according to the class of work. What are the rights in the case of a literary work? What are the rights in a dramatic work? What is an adaptation?
The Copyright Act defines the following acts as adaptations: Conversion of a dramatic work into a non dramatic work Conversion of a literary or artistic work into a dramatic work Re-arrangement of a literary or dramatic work Depiction in a comic form or through pictures of a literary or dramatic work Transcription of a musical work or any act involving re-arrangement or alteration of an existing work.
Is there any copyright over news? The procedure for registration is as follows: Application for registration is to be made on Form IV Including Statement of Particulars and Statement of Further Particulars as prescribed in the first schedule to the Rules ; Separate applications should be made for registration of each work; Each application should be accompanied by the requisite fee prescribed in the second schedule to the Rules ; and The applications should be signed by the applicant or the advocate in whose favour a Vakalatnama or Power of Attorney has been executed.
What is the term of protection of copyright? Are there special courts for copyright? What are the powers of Copyright Board? The Board has the power to: hear appeals against the orders of the Registrar of Copyright; hear applications for rectification of entries in the Register of Copyrights; adjudicate upon disputes on assignment of copyright; grant compulsory licences to publish or republish works in certain circumstances ; grant compulsory licence to produce and publish a translation of a literary or dramatic work in any language after a period of seven years from the first publication of the work; hear and decide disputes as to whether a work has been published or about the date of publication or about the term of copyright of a work in another country; fix rates of royalties in respect of sound recordings under the cover-version provision; and fix the resale share right in original copies of a painting, a sculpture or a drawing and of original manuscripts of a literary or dramatic or musical work.
Has the Registrar of Copyrights any judicial powers? What is a performance? What are the rights of a performer? Does copyright subsist in a foreign work? To secure protection to Indian works in foreign countries, India has become a member of the following international conventions on copyright and neighbouring related rights: Berne Convention for the Protection of Literary and Artistic works.
What is a copyright society? A copyright society may: Issue licences in respect of the rights administered by the society. The following are some of the commonly known acts involving infringement of copyright: Making infringing copies for sale or hire or selling or letting them for hire; Permitting any place for the performance of works in public where such performance constitutes infringement of copyright; Distributing infringing copies for the purpose of trade or to such an extent so as to affect prejudicially the interest of the owner of copyright ; Public exhibition of infringing copies by way of trade; and Importation of infringing copies into India.
Which court can try copyright offence cases? Sir, In accordance with Section 45 of the Copyright Act, 14 of , I hereby apply for registration of Copyright and request you that entries may be made in the Register of Copyrights in the enclosed Statement of Particulars sent herewith in triplicate. For Literary, Dramatic, Musical and Artistic works only 2. In accordance with Rule 16 of the Copyright Rules, , I have sent by prepaid registered post copies of this letter and of the enclosed Statement s to other parties concerned, as shown below: Name and addresses of the parties Date of dispatch See columns 7, 11, 12 and 13 of the Statement of Particulars and the party referred in Col.
The prescribed fee has been paid, as per details below:- 4. Communications on this subject may be addressed to: - 5. Yours faithfully, Signature by the applicant List of enclosures : Place: Date: Statement of Particulars to be sent in triplicate 1. Class and description of the work 5. Title of the work 6. Language of the work 7. Whether the work is published or unpublished 9.
Year and Country of first publication Name, address and nationality of the publisher Years and countries of subsequent publications if any, and name, addresses and nationalities of the publishers Names, address and nationalities of the owners of various rights comprising the copyright in the workand the extent of rights held by each, together with the particulars of assignments and licence , if any Names, addresses and nationalities of other persons if any, authorised to assign or licence the rights comprising the copyrights Is the work to be registered an original work?
If the work is a translation or adaptation of a work in which Copyright subsists: Title of the original work Language of the original work Name, address and nationality of the author of the original work and if the author is deceased, the date of decease Name, address and nationality of the publisher, if any, of the original work Particulars of the authorization for a translation or adaptation including the name, address and nationality of the party authorizing: 3.
For licence to republish a Cinematograph Film Section For a licence to republish a sound recording Section For a licence to perform an Indian work in public or to communicate the work to the public by Broadcast Section For an application for registration or copyright in a:.
Provided that in respect of a Literary or Artistic work which is used or is capable of being used in relation to any goods Section For an application for change in particulars of copyright entered in the Register of Copyrights in respect of a Provided that in respect of a literary or Artistic work which is used or is capable of being used in relation to any goods Section For an application for registration of Copyright in a Cinematograph Film Section For an application for registration of change in particulars of copyright entered in the Register of Copyrights in respect of Cinematograph film Section For an application for registration of copyright in a Sound Recording Section For an application for registration of changes in particulars of copyright entered in the Register of Copyrights in respect of Sound Recording Section For taking extracts from the indexes Section For taking extracts from the Register of Copyrights Section The information on this website is for information purposes only and is not a legal advice.
DeitY does not warrant the accuracy or completeness of the information. As a result of updates and corrections, the web contents are subject to change.
In case of any variance between what has been stated and that contained in the relevant Act, Rules, Regulations, Policy Statements etc. For any further information please visit the official websites of respective departments of Government of India. To use standard view, enable JavaScript by changing your browser options. Search form Search. What is Copyright? Example: Written work of lyricist, composer and rights of the singer. Example: Movies Q: Why should one register for Copyright?
How a creator is benefited from Copyright and its creation? Examples: Printed copies of the book and sell the same directly. For e. However, for the proposed work, assignment will come into force only when the book is completed and fixed in a tangible format. Term of assignment and extent of territory must also be specified as per the Copyright Act, otherwise by default the term of protection will be 5 years and will extend for whole of India. What is the term of protection for Copyright? Term of Different Classes of Copyrights is as follows: S.
The 60 year period is counted from the year following the death of the author The period of counting 60 year for this process starts from next year following the year in which author dies. Example: if Author dies in say 2nd Nov, So, duration of protection of 60 years period will be from 1st Jan, to 31st Dec, Also, in case of joint author, year count for this process will depend upon the author who dies last.
Example: Author X and Y are co-author of a work. Author X dies on 4th April and Y dies on 26th August So duration of protection of sixty years period will start from 1st Jan, Period starts from the beginning of next year, following the year in which film was first published. PROVIDED that where the identity of the author is disclosed before the expiry of the said period, copyright shall subsist until 60 years from the beginning of the calendar year next following the year in which author dies.
What are the steps in the copyright registration process? What is exclusive license and non-exclusive license in copyright? Exclusive License: It means a specific right is granted to a single owner. Licensee individual or companies solely has the right to use copy or distribute such work in the specific way as per the license. Example: Exclusive Right to publish a book in English is specifically given to a publisher say X in India for 10 years.
However, the Publisher does not have the exclusive right to publish such book in any other language and in any other country for 10 years. Non-exclusive License: Licensor can give specific rights to use copy or distribute more than one license individual or companies.
Example: non—exclusive right to sell a software CD is specifically given to two publishers say for example X and Y in India for 10 years tenure. Operating System: allows application software to interact with the hardware. Software code can be protected under Copyrights 4. Application Software Copyright Q. What are related rights in terms of computer software?
In this case X is the author as well owner of this software and has following rights: Reproduce the software in any material form and store the same in any electronic format: X can store the software in CD-ROM, DVDs or a USB drive and can also upload the software on his personal website. Issue copies to public: X can provide the copies to public. When we read books, watch movies, listen to music, or use videogames or software, we are using copyright-protected works. So, even if you are not the owner of a work, you still may be able to use it.
Interested in more information on fair use? Take a look at our Fair Use Index. The complete list of exemptions to copyright protection can be found in chapter 1 of Title 17 of the United States Code. You can also use works that are in the public domain. Works in the public domain are those that are never protected by copyright like facts or discoveries or works whose term of protection has ended either because it expired or the owner did not satisfy a previously required formality.
Currently, all pre U. Copyright exists automatically in an original work of authorship once it is fixed, but a copyright owner can take steps to enhance the protections.
The most important step is registering the work. Registering a work is not mandatory, but for U. Timely registration also allows copyright owners to seek certain types of monetary damages and attorney fees if there is a lawsuit, and also provide a presumption that information on the registration certificate is correct. Copyright registration also provides value to the public overall.
It facilitates the licensing marketplace by allowing people to find copyright ownership information, and it provides the public with notice that someone is claiming copyright protection.
There is only one place to register claims to copyright in the United States: the Copyright Office. For more information on registration benefits and procedures, please see our Copyright Registration Circular. Patent and trademark are other types of intellectual property that may cover works and are considered separately from copyright eligibility.
For example, patents, which are granted by the government, protect certain inventions or discoveries, designs for articles of manufacture, and plant varietals. Trademark law, on the other hand, protects words, names, symbols, or devices used in trade with goods or services to indicate the source of the goods and to distinguish them from the goods or services of others.
For a listing of countries and the nature of their copyright relations with the United States, see Circular 38a , International Copyright Relations of the United States. What does copyright protect?
When is my work protected? Do I have to register with your office to be protected? Is my copyright good in other countries?
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