August 27, 2024
| Intellectual Property
The copyright law as regulated by the Copyright Act, 1957 provides the rights to musicians, authors, designers, cinematographers and painters for their creative work and ensures to develop concept available through their work openly.
The Copyright Act, 1957 now amended to Copyright Amendment Act 2012 regulates the copyright law in India. The copyright law provides the rights to musicians, authors, designers, cinematographers and painters for their creative work and ensures to develop the knowledge and concept available through their work openly.
In order to claim a work copyrightable, the work should be beyond the idea i.e. it must be in its tangible form. This means that the work should be recorded or written. An exclusive right is granted to copyright owners to authorize the doing of any of the following in respect of a work:
- To reproduce the work
- To make adaptation or translation of the work
- To distribute copies of the work
- To exhibit the work to the people.
Copyright owners have the power to stop someone from using or reproducing the work without their permission. They may sell the right of their work to someone else too.
Copyright does not require any formalities and the acquisition happens automatically. However, the copyright registration certificate and the entries made on it acts as prima facie evidence in the court regarding disputes relating to copyright ownership.
Procedure for Grant of Copyright:
- A dully filled application, copies of the work with the fee is filed at the Copyright office.
- Thereafter, a diary number is issued to the applicant.
- The owner of the work has to wait for at least 30 days for any objection that might be filed against the submitted work.
- In case of any objection within 30 days, the application is reviewed by the Examiner. If any additional documents are needed, a response must be filed within 30 days.
- After the objections if any are removed, the copyright office issues the copyright registration certificate.
The copyright law in India enriches the art of our country. The more the protection is given to the artistic, musical, dramatic work in the country, the more will be creation of artistic and creative work.