Overview on Copyright for Literary Work
Copyright for literary work protects original literary works of the author that must be original at every level and not the modified one. As we all know, in the present scenario, when the internet is overloaded with information and it is easier to access various works, it is essential to protect your work with the unauthorized access and use.
It is this Copyright act that restricts the users from unauthorized access and rewards the original work of the authors by protecting their work at every level. Likewise, the literary works are also protected by the Copyright Act. However, if two people have produced similar works in a specific field, the copyright will be given to both of them for their works.
Besides, the dramatic copyright protects original dramatic work and its modifications also. The act also attempts to protect recitations, choreography, and entertainment shows.
Detailed Description on Copyright for Literary Work: What Includes?
Copyright for Literary work is described as a work excluding the audiovisual works, exhibit in words, numbers, or other verbal or numerical characters or distinguishing marks, Prejudice to the creation of the subject matters, such as novels, stories, books, publications, parchments/documents, phone records, film, tapes, disks, or cards, in which they are expressed. Literary work includes-
- The work must be original and not be a replicate of another work.
- The different authors in an individual state producing an identical work will be entitled to copyright for literary work
- The emphasis is more on the work, perception, and capital disbursement in producing the work. It includes tables, selection, and computer programs.
- It includes any piece or narration, choreographic work
- Amusement in pantomime
- The dramatic arrangement or acting form of which is fixed in writing otherwise
- But excludes a cinematograph film.
How Copyright for Literary Work helps the author in protecting their original work?
Copyright for Literary work is designed to safeguard the interest and creativity of the author. When the authors possess ownership of their work, it restricts others from stealing the idea of work and reaps the benefit they get out of it. It is an author’s responsibility to protect his/her literary property and carry the right to do anything with it. Ultimately, the author will be the principal authority and thus, experiences the privileges given the laws.
Besides, when authors have ownership of their work, it restricts others from copying the idea of work and reaps the benefits out of it. So, it is the responsibility of the author to protect his/her literary property. Conclusively, the author will be the principal authority and thus, experiences the joy of getting appreciated.
Copyright for Literary Work
What are the Key Elements of Copyright for Literary Work?
Below mentioned are the key elements required for Copyright for Literary work-
The prerequisites for Literary Work are that the work must be original, creative and should be capable of fixing in the tangible form.
- Inclusion of work
The Literary work includes novels, stories, books, publication, magazine, typescript, phono-records, film, tapes, or disks cards, in which they are expressed.
- Duration of Protection
The duration of Copyright protection in the case of Published work is Author’s life plus 70 more years. However, in the case of unpublished works, Copyright lasts until the work is first published to a span of the life of the artist + 70 years.
- 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.
What are the Types of Copyright for Literary Work?
Below mentioned are the types of Literary work that are entitled to copyright protection, including-
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.
What are the Benefits Involved in Copyright for Literary?
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, and technical drawings. It safeguards the creator’s original work. So, it can be said that copyright is the guardian of invention.
Once a Copyright for literary 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 for Literary works are-
What Documents are required for Copyright for Literary Work?
- Details of the Applicant including the Identity Proof, address proof.
- Supporting Documents related to the nature of the Applicant’s interest.
- Details of the work along with the date when the work was first published.
- Submission of original copies of the work. 3 copies of the work (If published), 2 copies of the work (If work not published).
- Supporting documents related to the class and description of work
- Description regarding the subject and language of the work.
- Authorization concerning to work if the work is not the work of the applicant.
- For Copyright for Literary work, NOC from the author is required. However, if the applicant is different from the author, NOC from the publisher is required.
- Demand Draft/IPO of the respective fees as per the work.
- If the work is to be used on a product, then a NOC from the trademark office is required.
- If the application is being filed through an attorney, the specific Power of Attorney signed by the attorney.
What is the procedure of Copyright for Literary work?
The Steps involved in the procedure of Copyright for Literary Work are-
Step-1 -Filing an application for Copyright Registration
The author of the work or its authorized representative can file an application for Copyright for Literary work either manually or through an e-filing facility available on the official website copyright.gov.in.
For Copyright Registration, an independent application must be filed with the Registrar along with the description of the work. For filing the application, an applicant has to login on the official website. For the same-
- An applicant has to enter the valid User ID and Password.
- If the applicant has not registered yet, then he/she is required to opt for New User Registration.
After opening the login page, tap on “Click for online Copyright Registration”. An applicant shall fill the online “Copyright Registration Form” along with all the requisite documents. Once the application is filed, the Registrar will issue a dairy number to the applicant.
Step 2: Examination by the Registrar
Once the application is filed, the next step is the examination of the copyright application. Once the dairy number is issued to the applicant, a minimum of 30 days waiting period is provided where the copyright examiner reviews the application. This waiting period exists so that objections can appear and be reviewed. The examination process of Copyright for Literary work gets divided into two segments:
- If No Queries are raised-
If no queries are raised, the examiner gives its consents to review and scrutinize the application to find any disparity.
In case, no disparity arises, and all the essential documents and information is provided along with the application, the applicant is allowed to go forward with the next step. However, if some disparities are found, a letter of the discrepancy is sent to the applicant. Based upon the reply of the applicant, a hearing is conducted by the registrar. Once the difference is resolved, the applicant is allowed to move ahead to the next step.
- If queries are raised-
If the queries and objections are raised by other parties against the applicant, the letter is sent to both the parties and they are called to be heard by the Registrar. On the subject of hearing if the objections are rejected, the application is permitted for scrutiny and the discrepancy procedure is followed.
However, in case the objections raised by the parties are not resolved, the application is rejected, and a rejection letter is sent to the applicant. The copyright registration procedure for literary work sends if the applicant receives the rejection letter.
Step 3: Obtaining Certificate of Registration
The last step in this process can be termed as Copyright Registration for Literary work. In this step, the Registrar might ask for more details which are essential for copyright registration. Once the Registrar, is completely satisfied with the copyright declaration made by the applicant, he will enter the details of the respective copyright work into the Register of copyrights and issue a “Certificate of registration” for Copyright.Note-The Registration process of Copyright for Literary work completes when the applicant is issued the Extracts of the Register of Copyrights (ROC) by the Registrar.
What is the duration of Copyright for Literary Work?
For Published Works-The duration of the copyright Literary works is valid up to the life of the artist + 70 years.
For unpublished works-Copyright lasts until the work is first published to a span of the life of the artist + 70 years.Note-*From 1 January 2019, the duration of copyrighted art is the same for both published and unpublished works.
How CorpBiz helps its clients in Copyright for Literary Work?
CorpBiz helps its client in Literary Copyright by providing services like Copyright registration of original work. 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.
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
Literary Copyright protects the lists of works covered under the Copyright Act. The works commonly protected under the Copyright for Literary work includes:
- Literary works such as novels, books, blogs, trade journals magazines, typescripts/manuscripts, phono-records, film, tapes, or disk cards,
- Newspapers, training material,
- Computer programs etc.
No, a person cannot copyright a title. Rather, can opt for trademark registration.
Copyright for Literary work is very essential to the authors because it permits and expects that the author is the owner of the work. That is why it is important to get the copyright registration done, if your work is original.
Copyright for Literary work stays for 70 years from the year the work was created. If the work was published before 1 January 2019 or within 50 years of creation, the duration of protection is 70 years from the date the work was first published.
Copyright for Literary work helps in-
- Providing Information about the author and its Copyright Work.
- To follow the Legal Compliances and protect the copyrighted work.
- Restricting the unauthorized access.
- Global protection and Branding.
Yes. A computer programme is treated as a Literary Works and is protected under the Copyright Act.
The three basic elements for copyright protection are-
- The work must be creative,
- It must be original, and
- Tangible medium of expression.
The five exclusive rights given to copyright authors are
- Rights of reproduction.
- Rights of adaptation.
- Rights of publication.
- Right to perform.
- Right to display.
The Right for Reproduction states that no 3rd party can reproduce or make copies of the original work unless the copyright author has authorized to do so. It restricts the reproduction in the form of printing an edition of a work and recording sound and films.
In general, the use of the copyright symbol is as similar as the use of the trademark symbol, and it is not necessary that the work need to be registered before using it. You can place the copyright symbol on any original piece of work you have produced.