IPR Consultant Coimbatore

Copyright

Copyright is a type of intellectual property that gives its owner the exclusive right to make copies of a creative work, usually for a limited time. Protecting the work of an author is copyright. The works which can be protected under the copyright law of India are as under Literary Work included written books, website and computer programs. Once the work is registered in favor of an author, it is valid till the lifetime of an author ( i.e, 60 years) plus life time of the author/artist who created the work. Copyright does not protect ideas, concepts, systems, or methods of doing something. A copyright registration can be sold, transferred, gifted and franchised with due consent from the owner of the work.

Copyright Works

Dramatic Work

Artistic Work

Music Work

Cinematograph Film, Performance

Sound Recording

Computer Programs & Software

Advantages of Copyright Registration

It gives exclusive rights to the owner of original work to reproduce, duplicate, transcribe, and translate the work.

The owner can prevent the misuse / unauthorized use of their original work and can take legal action if infringement takes place.

The owner has the sole right to get monetary benefits from their work.

Market Presence

Rights of the copyright owner

In India, the Indian Copyright Act 1957 handles matters related to copyright. It protects the economic, legal, and social interests of the copyright owner. The Act confers exclusive rights on the owner on the following aspects.

Right of Reproduction
Right of Adaptation
Right of Communication To The Public
Right of Public Performance
Right of Paternity And Integrity
Right of Distribution

Copyright Registration in India

Publication of work

“Publication” is the distribution of copies or of a work to the public by sale or other transfer of ownership, or by rental, lease, or lending. A public performance or display of a work does not of itself constitute publication. Moreover Published and unpublished works can be registered. If a work is already published, the Publishing details need to be furnished along with the Copyright application.

Copyright infringement

Copyright infringement is the use or production of copyright-protected material without the permission of the copyright holder. It implies that the rights afforded to a copyright holder, such as the exclusive use of a ‘work’ for a set period of time, are being breached by a third party. It is an infringement of copyright to do any of the following with copyrighted content:

Copying it
Issuing copies of it to the public
Renting or lending it to the public
Performing or showing it to the public
Communicating it to the public

Remedies for Infringement of Copyright

In cases of infringement, a copyright owner can seek civil remedies, as well as file a criminal complaint.

Civil remedies include:

Seeking injunctions to prohibit further infringement
Delivering all infringing articles to the owner
Right to seize copies of such infringing articles
Recovering damages for loss from the account of the infringer’s profits.

According to Section 55 of The Copyright Act, 1957, where copyright in any work has been infringed upon, the owner of the copyright shall be entitled to all such remedies by way of injunction, damages, & accounts.

In case of a criminal proceedings

Imprisonment for a period which cannot be less than 6 months and can be extended till 3 year, upon the discretion of the court. A fine of not less than Rs 50,000 that may be extended to Rs 2 lakh

Criminal remedy

According to Section 63 of The Copyright Act, 1957, the copyright holder can take criminal proceedings against the infringer, in which there is a provision of at least six-month imprisonment, which may be extended to 3 years and with a fine of Rs. 50,000, which may extend to 2 lakhs. Provided that if the defendant proves that at the date of the infringement he was not aware and had no reasonable ground for believing that copyright subsisted in the work, the plaintiff shall not be entitled to any remedy for the whole or part of the profits made by the defendant by the sale of the infringing copies as the court may in the circumstances deem reasonable.

Power of police to seize infringing copies

Any police officer, not below the rank of a sub-inspector, May, if he is satisfied that an offence under section 63 in respect of the infringement of copyright in any work has been committed, can seize copies without a warrant to produce before Magistrate.

Copyright Act – PDF