Overview for Copyright for Cinematograph Film

Copyright is a privilege given by the law to the originator of artistic works. It safeguards the rights of authors over their creativity, consequently protecting their work and rewarding artistry. Copyright for Cinematograph Film provides protection to the sole efforts of authors and artists, that create an atmosphere favorable to creativity, which encourages the author/artists to create more.

Copyright is used to protect the author’s original expression of an idea in the form of some creative work, but not the idea itself. It is a type of intellectual property that gives its author, the exclusive right to issue copies of a creative work, normally for a limited period. It protects creators of original work from unauthorized use or duplication.

Concept and Definition of Copyright for Cinematograph Films

Copyright in “Cinematograph films” can be defined as any visual work or visual recording on any medium created through a process from which a moving image may be created. As explained, it can be created by any means and also comprises a sound recording along with the visual recording. 'Cinematography' shall be indicted as including any work created by any process similar to cinematograph including video films. In a nutshell, a cinematograph film is considered to be one, when any realistic system work has moving pictures or visuals.

The whole working of Copyright Protection of a Cinematograph film necessitates an amalgamation of strong public awareness and education. Besides, Better implementation of Copyright laws and a strong perception of the various framework of Copyright protection would go a long way in putting a stop to privacy and plagiarism.

What are the Key Elements of Copyright Registration?

Below mentioned are the key elements of Copyright Registration-

Prerequisites

The prerequisites for Copyright registration are that the work must be original, creative and should be capable of fixing in the tangible form.

Privileges enjoyed by the author

The author enjoys various privileges like -Right to control the reproduction, making of derivative works, issuance of copies, public performance, and display of the copyrighted works.

Recreation of work

Only the author and authorized individuals can recreate the original work with no fear of copyright laws.

Who can opt for Copyright?

Authors, artists, writers, architects, and other creative professionals.

The work performed must be tangible in nature

Original works in a tangible form can be protected under copyright laws.

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Documents Required for Copyright for Cinematograph film

The Documents required for Cinematograph film are as follows:-

Details of the Applicant
Form XIV and Statement of Particulars (SoP) which must be signed by the applicant who may be the author/owner of the right.
1 copy if work is published, 2 copies of the work if is not published.
Power of Attorney, if a filing is done through an advocate or the representative other than the applicant.
No Objection Certificate or an agreement if other persons are also involved other than the applicant.
Statement of Further Particulars is not required, in the case of cinematograph films.

Fees for Copyright registration for Cinematograph Films

The Fees for Copyright registration for cinematograph films is Rs 5,000 per work. Therefore, the applications for Copyright for cinematograph films must be accompanied by the corresponding fee.

Procedure of Copyright for Cinematograph films

Below mentioned is the procedure of Copyright for Cinematograph Films-

Formalities check

Once the application is submitted by the applicant, the Copyright Officer conducts a formality check to ensure the submitted Documents have been duly attached to the application. However, in case of failure of doing so a letter detailing the Documents is sent to the Applicant.

Advertisement for objections

Once the formalities check is done by the Copyright Officer, it is advertised for a 1 month to invite objections from persons who assert to have an interest in the subject matter of the copyright, or who disagree with the right of the applicant to register the work. In case of objection raised by the party, both parties (The applicant and the person who has objected) will be invited to reply in writing, and then will be heard by the Registrar. If the objection exists, the application will be rejected.

Examination

The Copyright Officer will examine if the work had any objections or disagreements. If objections are raised, the application process will be rejected. However, if it passes the duration of objections and no objections are raised, further steps will be made.

In case of discrepancies, the applicant will be given a chance to correct his work, based upon the prerequisites and passes it for registration. Further, If the discrepancies are corrected, the application will be processed by the registrar for issuance of a certificate of Registration.

Registration

Once the process of examination gets completed registration, a Registration Certificate, as well as extracts of Copyright Registration will be sent to the Applicant.

Duration of Protection

Section 26 of the Copyright Act deals with the duration of protection for cinematograph films, in which the duration of protection is 60 years. The duration of protection begins from the year when the work was first published.

How Cinematography film is published?

The Cinematography film is published via-

TV shows showcasing the Cinematography film.
DTH Channels showcasing Cinematography films.
Broadcasting the cinematograph film via Compact Disk or DVD.
Releasing the movie in the theatres or multiplexes.

What are the Privileges Enjoyed by the author/writer under the Copyright Act?

The privileges enjoyed by the author/writer under the Copyright Act are-

Only the author has the right to reproduce the work in any manner or ways he wants to. However, if the work is yet to be published, only the author has the authority to publish it.
The author is the only person who can permit the person to use art in cinema or films.
Making a further modification of the work.

Note-There is a little exception to the above privileges. For instance, if the art is shown incidentally in a movie, it is exempted from the act. In those cases where the art is transfixed at a particular place and that place gets recorded in a movie or show, the artist cannot claim copyright infringement.

What are the benefits of Copyright for Cinematography Films?

Copyright is a legal expression used to express the rights that the author has over their literary works. Works covered by copyright range from books, non-dramatic textual work, computer programs, databases, advertisements, maps, technical drawings, cinematography, sound recording, music and software, etc. It safeguards the creator’s original work. So, it can be said that copyright is the guardian of invention.

Once a Copyright for original work is registered it creates a sense of security in the mind of the author, that his transcript creation is protected under the Copyright Act. The advantages of Copyright are-

Public Display of the author’s work
Enjoys the privilege to work freely
Passing on the right of work
Safeguarding the Reputation of the author
Legal Protection of Ownership
Generating revenues
Attracts the attention of the crowd
Precautionary Measures

How Corpbiz helps its clients in Copyright for Cinematography Films?

Corpbiz helps its client in Copyright Registration by providing services like Filing the application, arrangement of Documents and resolving the discrepancies(If arises). Corpbiz also offers various services related to Copyright, Patent and Trademark. Our experts will assist you by providing the legal advice related to copyright registration and its compliances and support you throughout right from the application, collecting the information, till your work gets registered. The entire process of Copyright for literary work is done online so there is no need for you to go out and follow up with the government authorities. Our team will take care of all the mandatory requirements as well. Corpbiz helps in-

Free consultancy from our experts,
Process Application of Copyright registration,
Assists in Documentation as per the requirement,
Filing of Copyright Application and follow up with the authority,
Quality services at pocket price.
Helps in Proper execution of literary Copyright work.

Why Corpbiz?

We at Corpbiz have trained professionals to help you throughout the Copyright Registration procedure. Our Experts will guide and assist you with the whole process of filing the applications for copyright and related services and also ensures the timely and effective completion of your work.Any person having queries about what category his/her work might fall under the copyright Act or having trouble in applying copyright within the correct category, feel free to contact our experienced and trained professionals at Corpbiz.

Frequently Asked Questions

Copyright for Cinematography film protects the lists of works covered under the Copyright Act. The works commonly protected under the Copyright Act include:

Visual work or recording,
Videotape,
Disc, CD, and DVD,
Documentary,
Full-length feature films and television productions.

In General, No, a person cannot copyright a title and name. As Titles, names, short word combinations, slogans, short phrases, or factual information may or may not be granted copyright protection. Such categories of work are not usually protected unless the work can be considered to be an original expression of the author.

Copyright for Cinematograph films is very essential for the creators of the work because it permits and expects that the creator is the owner of the work. That is why it is important to get the copyright registration done.

Protects the reputation of the owner.
Attracts the attention of the Public.
To follow the Legal Compliances and protect the copyrighted work.
Restricting unauthorized access.
Global protection and Branding.

Yes, the unpublished works can be registered under the Copyright Act. If a work to be registered is unpublished, a copy of the typescript has to be sent to the Copyright Office along with the application for affixing the stamp. Applicant is allowed to send only the extracts from the unpublished work instead of the whole typescript/manuscript and can also ask for the return of the extracts after being stamped by the Copyright Office.

The 2 common types of Copyright Licensing are-

Voluntary License
Compulsory License

What are the exclusive rights given to the owner of Cinematograph films?

Rights of reproduction.
Rights of adaptation.
Rights of publication.
Right to perform.
Right to display.

Section 21 of the Copyright Act authorizes the copyright owner to renounce his copyright by giving notice to the Registrar of Copyrights. On receiving such notice, the Registrar will publish such notice in the Official Gazette.

Generally, Copyright for Cinematograph films is owned by the person who arranged for the film to be made, (i.e. the producer, the production company, or the person or company who commissioned the film) provided there is an agreement to the contradictory.