Copyright is the exclusive right to publish and circulate any artistic, literary, musical works etc. granted to an author of a work for a limited duration. Copyright law in India ensures that copyright subsists in original literary, dramatic, musical and artistic work, cinematograph films, sound recordings and computer software. Copyright exists at the time of creation of the work but registration, as per the copyright law in India, provides prima facie evidence of validity in Law Courts.
In accord with the Copyright Law in India, a copyright may be registered as per the procedure set out in Chapter VI of the copyright Rules 1958. An application for registration of a copyright is to be made in Form IV which must include a Statement of Particulars and Statement of Further Particulars. The applicant for registration of a copyright must give notice of his application to every person who has any interest in the subject matter of the copyright or disputes the rights in the applicant.
Each work must be protected separately and separate applications are to be filed for the registration of each work. The requisite fee will also have to be paid, as prescribed in the schedule, at the time of submitting the application. The copyright law in India also requires a duly executed power of attorney to be filed along with the application. In case of a published work, three copies of the work are to be filed with the application.
Copyright Law in India provides protection for foreign works in India so long as the work is originally from any country listed in the International Copyright Order. To secure cross border protection in Copyright India has become a member of several International Conventions such as:
1. Berne Convention for protection of literary and artistic works
2. Universal Copyright Convention
3. Trade Related Aspects of Intellectual Property Rights.
4. Multilateral Convention for the avoidance of Double Taxation of Copyright Royalties.
Copyright law in India provides for assignment and licencing of copyright in India. An author of a work may transfer his ownership rights in a copyright through an assignment deed. As per the copyright law in India no assignment is valid unless it is reduced in writing and is in the form of an assignment deed. A licence too must be reduced in writing and signed by the owner of a copyright or his duly authorized agent. For more details please log on to www.iplawsindia.com
Biswajit Sarkar is a renowned and internationally recognized Intellectual Property Law firm in India. The firms core area encompasses Patents, Trademark,Designs, Copyrights and related matters. The extensive legal practice of the firm includes, inter alia, International Trade related matters, Corporate Matters, Foreign Collaborations, MOUs, Joint Ventures, Mergers and Acquisitions